IFES Practitioner Brief on Alternative Dispute Resolution in Elections
is an existing effective disciplinary mechanism to deal with abuse of state resources violations by a senior official, for
example, ADR may not be appropriate. But if the dispute involves voters or party supporters from both sides of the
political spectrum abusing financial resources or accessing public vehicles, it may be important to engage in dialogue
during the pre-election phase and reach a settlement, rather than immediately engaging in disciplinary or legal
proceedings.
Advantages of Using ADR
IFES’s GUARDE research identified the benefits of
implementing ADR in election disputes. While not
applicable to all conflicts, ADR can serve as an effective
complement to EDR because it can efficiently provide
tailored remedies to challenges that arise without being
overly restricted by complicated procedures. This allows
EMBs to tackle violations of the code of conduct or
misunderstandings about election procedures—giving
them an important tool to prevent and resolve conflict
and a mitigation measure to address small irregularities
in election processes before they become more
pervasive. Because of these advantages, when ADR is
applicable it can aid the EMB and the courts, as well as the participants. As noted by the chair of Nigeria’s election
commission: “It would be ultimately cheaper for everybody if we have a seamless process, and that process can be
achieved not just by the legislation enabling us to conduct elections and legal processes but also the intervention of
Institutes such as the Institute of Chartered Mediators and Conciliators.” 63 With this in mind, ADR mechanisms can
be designed to decrease conflict and improve legitimacy.
Potential advantages: 64
ADR claims are efficient, have a lower cost, and provide timely and accessible resolution of disputes, crucial
during an election period.
ADR can help to remedy the general lack of enforcement of election rules and codes of conduct, therefore
reducing impunity and increasing deterrence.
The ADR objective of reaching a solution that meets the needs of both parties can be more suited to local
cultural preferences, notably for traditionally excluded populations. For example, mediation can limit the
pressure of finality and winner-takes-all attitudes for cultures that are wary of win/lose decisions.
ADR provides an opportunity for dialogue between stakeholders, which increases the chances for reciprocal
commitments, improving satisfaction with the process and outcomes. This constructive dialogue can lead to
more lasting resolution to grievances within or underlying the electoral process.
63 Independent National Electoral Commission. (n.d.). INEC advocates the use of ADR to reduce cases of election litigation.
https://inecnigeria.org/news-all/inec-advocates-the-use-of-adr-to-reduce-cases-of-election-litigation/
64
Kovick, D. & Young, J.H. (2011) Alternative Dispute Resolution Mechanisms. In C. Vickery (Ed.), Guidelines for Understanding,
Adjudicating, and Resolving Disputes in Elections (GUARDE). IFES. p. 233
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