Alternative EDR mechanisms
1. Introduction
558. Formal EDR systems are complemented by other means and mechanisms
for managing electoral disputes. Such mechanisms are normally referred to
as informal or alternative electoral dispute resolution (AEDR) mechanisms.
Their primary purpose is not to replace formal EDR systems but to play a
supportive role, especially in situations in which the formal systems face
credibility, financial or time constraints linked to political or institutional
crises or to their inadequate design. In contrast to EDR mechanisms, AEDR
mechanisms provide for one or more parties in conflict to initiate a process
to resolve it, which can be done unilaterally (by withdrawing its claims or
response), bilaterally, or through a third party or agency.
559. Some AEDR mechanisms exist alongside formal EDR mechanisms and
play a permanent supportive and complementary role. Others come into
being on an ad hoc basis or in exceptional or extraordinary circumstances
as a result of political crises or institutional failure in existing formal EDR
mechanisms.
560. AEDR mechanisms with a complementary function are the most
common. In those countries that provide for them, they are generally
permanent and/or provided for before elections are held as an alternative
means of resolving possible electoral disputes in a simpler and more informal
manner, and are backed up by the established EDR system. A good example
is the use of conciliation, mediation or arbitration as opposed to litigation
through formal EDRBs. In such cases the use of AEDR mechanisms is not
a sign of weakness in the formal EDR system, but a way to foster speedy and
cost-effective dispute resolution. Both formal and informal dispute resolution
systems coexist and complement each other.
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