IFES Practitioner Brief on Alternative Dispute Resolution in Elections
ADR mechanisms can also increasingly be found in other parts of the world. However, little information on the use of
ADR in electoral or political processes has been collected and publicized in the last 10 years since GUARDE was
published.
In addition, election observers do not systematically include ADR mechanisms within their observation
methodologies, although some observer missions assess them on an ad hoc basis. As a result, although interviews
with practitioners and former and current election officials conducted by IFES for the purpose of this paper provided
a good deal of fruitful information, there is a clear lack of systematic data on ADR across electoral cycles. It is
particularly difficult to find information about successful uses of ADR. One hypothesis is that the successful resolution
of disputes is marked by the absence of violence, threats, intimidation, or other illegal campaign activities. This makes
it hard to assess what further conflict might have occurred had the disputes not been resolved, and therefore difficult
to measure success. Nonetheless, systematic monitoring of ADR mechanisms and their outcomes would produce
valuable insights.
The popularity of ADR is not unique to election disputes. In 2019, the International Development Law Organization
reported that “Recurring estimates suggest non-state actors, including customary, traditional and religious leaders,
address 80 to 90 per cent of legal disputes in developing, fragile and post-conflict states.” 11 Several organizations
have produced guidelines and toolkits on mediation practices and
ADR, although they are not specific to elections. 12 While research
and technical assistance in election disputes has primarily focused
on formal EDR processes, it is important to analyze how informal
justice mechanisms operate and how they interact with the formal
justice process during an election. A better understanding of these
processes will help all stakeholders engage effectively with
customary and informal justice, in line with Sustainable
Development Goal 16 on access to justice for all. 13
This Practitioner Brief attempts to make an initial contribution to
filling the research gap on the use of ADR mechanisms in elections.
It draws on lessons learned from ADR programs globally, collected
through desk review and a series of key informant interviews with
election practitioners, EMB members and officials, judges, experts,
and local partners around the world. IFES also collected lessons
learned during an in-depth consultation session with judges from
the Africa Electoral Jurisprudence Network in July 2022 and
secured peer reviews from experienced practitioners at Bawaslu in
11 International Development Law Organization. (2019, January 30). Practitioner brief: Engagement with customary and informal justice
systems. https://www.idlo.int/publications/practitioner-brief-engagement-customary-and-informal-justice-systems
12 The Council of Europe’s European Commission for the Efficiency of the Justice Working Group on Mediation developed a Mediation
Development Toolkit. The Guidelines emphasize the principles of equality, impartiality, and neutrality, and the importance of raising
public awareness of the benefits of mediation.
13
Pantuliano, S. (2021, December 8). High-level dialogue on customary and informal justice and sustainable development goal 16+
[Webinar]. Overseas Development Institute, https://odi.org/en/events/high-level-dialogue-on-customary-and-informal-justice-and-sdg16/
10