IFES Practitioner Brief on Alternative Dispute Resolution in Elections 8. Plan well in advance. Many of the activities described in these recommendations need to be carried out long before Election Day—around a year in advance—to ensure that they are properly in place in time for the start of the electoral process. 9. Consult with local women’s organizations when designing ADR bodies. These organizations usually have the best sense of women’s main concerns and the issues for the community, so they could make valuable contributions. 10. Do no harm. When designing an ADR mechanism, ensure that it does not cause confusion with the mandate of existing institutions or establish an unfair, discriminatory, or politically biased mode of dispute resolution (e.g., if safeguards are not in place regarding the selection of conciliators or mediators, and sensitization training is insufficient). Legal basis 11. Set out the legal framework with the following elements, at a minimum:  Composition, term, and mandate of the EDR and ADR bodies  Appointment process, including gender and minority representation  Type of ADR: mediation, arbitration, conciliation, negotiation  Whether the process is binding or non-binding  Where it is mandatory or voluntary  Relationship with the formal/conventional EDR conducted by the EMB, electoral tribunal, or courts  Types of disputes within the mandate 12. Define the mandate, role, and powers to avoid confusion with the EDR process—whether EDR is led by the EMB or the courts only. This will ensure that the ADR mechanism complements rather than creates confusion in the handling of disputes and provides clear expectation for disputants. 13. Consider timelines for mediation or conciliation proceedings, to avoid delaying key electoral events for the EMB, such as the announcement of the final list of candidates or the election results. 14. Guarantee the right to appeal to a court or tribunal. Whether the ADR succeeds or fails, a disputant should always be allowed to file a challenge before a court of law. 15. Establish clear rules of procedure. Because of the flexible nature of ADR, creating clear rules of procedure for the conduct of ADR is important for ensuring confidence in the process. Structure and composition 16. Define the appointment mechanism and duration of appointment for members of the ADR body and for selection of its chairperson. 17. Define the core qualifications for the selection of mediators. Core skills of a mediator include active listening, neutrality and impartiality, respect, professionalism, constructive problem-solving, and trustworthiness. Select mediators with a high degree of integrity, independence, impartiality, and ethics. 43