IFES Practitioner Brief on Alternative Dispute Resolution in Elections
and enhance community involvement in the dispute resolution part of the election process. Women’s involvement in
ADR mechanisms can also set a precedent for their increased roles in mediating other types of disputes outside
election periods.
An internal monitoring report compiled by IFES 140 after the 2020 elections indicated noted a total of 1,010 EMC
meetings. Most of the EMCs (90 percent) from the region/state, district, and township levels reported holding at least
one meeting; 601 disputes were submitted to EMCs across Myanmar. The number of disputes received per EMC
ranged from one to 25. Of 397 EMCs, 180 (45 percent) received disputes. Even when EMCs did not receive any
disputes, most held at least an introductory meeting to explain the role of EMCs and the applicable laws and rules
during the campaign. 141
United States
The U.S. experience shows how a successful pilot program by the Federal Election Commission (FEC) became an
established practice with clear rules and guidelines on mediation established prior to the adjudication of disputes.
This case study provides a good example of effective training and voter education materials. The FEC provides
valuable information on its website on the use of mediation and developed a manual to guide complainants and
respondents in the process.
In 2000, the FEC initiated a pilot program to promote compliance with the Federal Election Campaigning Act and
FEC regulations on campaign finance, with the following explicit goals: “… to expedite resolution of some enforcement
matters, reduce the cost of processing complaints, and enhance overall FEC enforcement.” 142 The FEC set up a
dedicated ADR team, enabling parties to a dispute to enter into direct negotiation or mediate the issue. Following an
evaluation of the first year of the program, evaluators found that “the ADR Office processed 61 cases, of which 47
were concluded with negotiated agreements. The independent evaluation interviewed respondents and members of
the election bar and concluded that 90 percent of respondents believed they saved time and money using the ADR
Program.” 143
The success of this program led to the institutionalization of ADR at the FEC for the U.S. elections in 2002. In addition
to the initial strategic goal, the then-chairman, David Mason, also noted that “The ADR Program has proven to be an
important contributor to the FEC’s civil law enforcement efforts. ADR has expanded the reach of our enforcement
efforts, resolved complaints quickly and promoted compliance with campaign finance laws through an emphasis on
remedial and preventative action.” The FEC found that the attorneys on its teams are able to concentrate on more
important or complex cases.
The role of election mediation committees in the 2020 general elections in Myanmar [unpublished manuscript].
Some EMCs indicated that some disputes were mediated on Election Day or during field visits, and therefore meetings were held or
disputes submitted by telephone or on the spot. Some meetings were therefore not recorded.
142
Federal Elections Commission. (2000, August 1). FEC institutes pilot ADR program [Press release]. Retrieved from
https://www.fec.gov/updates/fec-institutes-pilot-adr-program/
143
Federal Election Commission. (2002, October 3). Commission’s pilot ADR program made permanent [Press release]. Retrieved from
https://www.fec.gov/updates/commissions-pilot-adr-program-made-permanent/
140
141
56