Previous 47 / 80 Next

IFES Practitioner Brief on Alternative Dispute Resolution in Elections 39. Through training and oversight, the central body should ensure consistent conduct of mediation to reach a settlement to avoid the perception of arbitrariness or unfairness. 40. Collect and publish data on disputes in order to conduct an analysis of the use, successes, and shortcomings of ADR. This also allows the EMB to quickly identify where potential issues and disputes are arising and whether it needs to take action—even in the absence of formal complaints. Data and statistics about disputes arising at the local level will also contribute to transparency and help build trust if the EMB can release data about the successful resolution of disputes. 41. Collect and analyze gender-disaggregated data to evaluate the ADR body’s success in implementing its gender equality policy, among other metrics. 42. Consider language and literacy. Mediators and conciliators should try to conduct the process in local languages, particularly in diverse nations, and in simplified language that does not pose a barrier to people with low literacy and education. 43. Ensure integration and cooperation with other conflict prevention and resolution efforts. Conflict and peacebuilding programs and election dispute mechanisms should be cooperative and mutually reinforcing; the former programs should promote and publicize ADR mechanisms to resolve election disputes, and ADR should support broader peacebuilding efforts. Cooperation can also help to identify members in the community with the credibility and peacebuilding skills to serve effectively as mediators or conciliators and/or networks of trained mediators who could support the ADR body to resolve election disputes. 44. Cooperation between law enforcement agencies and ADR bodies is also important during the preelection period to ensure alleged election offenses and related crimes do not remain unpunished. If such a dispute is raised before the ADR body, while it is not within the scope, the ADR body can inform disputants or refer these disputes to the police or other law enforcement bodies. 46

Select target paragraph3

● ● ●

Alternative Dispute Resolution in Elections: Practitioner Brief

Resources

Preview

Legal Issue and/or Topic

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.

Language

English

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

Date: Apr 4, 2023

Primary Documents

IFES ADR Practitioner Brief_Mar 22 (3).pdf
English
Download View

Election Judgments - IFES

Select target paragraph3

Alternative Dispute Resolution in Elections: Practitioner Brief

Primary Documents

Notifications