IFES Practitioner Brief on Alternative Dispute Resolution in Elections
The lack of trust in an EMB may push it to design an inclusive ADR mechanism, but with that comes the risk of diluting
its powers. IFES GUARDE stresses the importance of ADR as a complement to EDR, but not a replacement. Creating
another forum will not solve existing defects in formal EDR processes.
Finally, another risk raised by judges when considering ADR as a first step to their adjudication of election disputes
is their potential bias toward one of the parties. While they supported the introduction of ADR in pre-election disputes,
they also noted that, if they are involved as mediators in a preliminary phase and if the mediation fails, it may be
difficult for them to rule in an impartial manner on the case. To mitigate this risk, court needs to adopt strict rules on
appointment of external mediators or conciliators or establish different panels of judges for the adjudication.
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