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IFES Practitioner Brief on Alternative Dispute Resolution in Elections • Establish channels to request information from the EMB/ADR body on the ADR process or to refer to EMBled mediation when relevant for a dispute or appeal in court. For the Legislature: • Consider introducing the use of ADR in the legal framework as a non-mandatory option for dispute resolution, or institutionalize in the law the existing practice of ADR by further defining the mode of resolution, mandate, and responsibilities. • Adopt clear provisions regarding the exhaustion of remedies or initiatives to mediate a dispute to avoid issues of jurisdiction. • Consider specific deadlines for mediation efforts in pre-election disputes to avoid disrupting election operations prior to Election Day. For Civil Society: • In cooperation with the EMB, carry out awareness raising in local communities on ADR mechanisms for elections and how it differs from formal EDR avenues of redress. • Promote ADR as a conflict resolution and violence prevention mechanism in peacebuilding initiatives around the electoral cycle. • Observe ADR sessions, collect and analyze data on ADR mechanisms to assess their effectiveness, and contribute to lessons learned exercises. • Where appropriate to the model of ADR in use, participate as members of the ADR body or advocate for inclusion of youth, women, minorities, Indigenous peoples, and persons with disabilities in mediator appointments. For Election Observers: • Include the monitoring of ADR bodies and processes in the election observation methodology, based on pre-determined criteria and international standards, including with respect to the accessibility and inclusiveness of the ADR mechanism. For Political Parties and Candidates: • Participate in ADR briefings by the EMB or relevant EDR/ADR body. • When relevant, appoint a member of the ADR mechanism in a timely manner and ensure participation in trainings. Ensure representation of youth, women, minorities, Indigenous Peoples, and persons with disabilities. • Conduct briefings for party members, candidates, and supporters on who can use the ADR process, and when and how they can do so. 14

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Alternative Dispute Resolution in Elections: Practitioner Brief

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Election Dispute Resolution

Description: While formal dispute resolution processes in elections are vital to upholding the rule of law, the introduction of alternative dispute resolution (ADR) mechanisms may be beneficial, particularly in fragile and post-conflict states or new democracies where disputes must be resolved quickly to avoid violence or where there is very low trust in the judiciary. The case studies in this report demonstrate that ADR mechanisms, if designed and implemented effectively, can ensure more accessible and timely resolutions than formal mechanisms at a lower cost. The use of mediation or conciliation for certain types of pre-election disputes can lead to greater community engagement (including of non-traditional actors), promote accessibility, mitigate impunity for electoral violations, and reduce burdens on the courts and the election management body (EMB). IFES' research also highlights that a well-designed and trained ADR body can enhance the role of women and provide a culturally appropriate mechanism for dispute resolution, while preventing and defusing tensions. This report also highlights the potential risks and challenges to ADR, particularly in contexts where the legal framework, mandate, and procedures are unclear. Inadequate training of ADR practitioners can result in mediators behaving in a partisan manner or failing to guard against power imbalances or human rights abuses, which can further increase tensions or erode trust. Finally, a lack of stakeholder awareness on how to access ADR mechanisms may leave the public with the perception that there is no avenue for justice in some communities. Due to the informal nature of ADR mechanisms, EMBs have rarely collected data on the type and number of disputes handled through ADR, creating a challenge for research and a missed opportunity to draw on lessons learned, promote successful initiatives, and build trust in the EMBs’ capacity to address legitimate disputes. This practitioner brief attempts to remedy the lack of information on the use of ADR in elections and presents a series of case studies to highlight lessons from diverse country experiences. This paper also proposes recommendations to improve the design and implementation of ADR in elections.

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English

Author(s): Uchechi Anyanwu, Typhaine Roblot, Rebecca Cox

Date: Apr 4, 2023

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IFES ADR Practitioner Brief_Mar 22 (3).pdf
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Election Judgments - IFES

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Alternative Dispute Resolution in Elections: Practitioner Brief

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