Alternative Dispute Resolution (ADR) basically refers, “to any method that parties to a dispute might use to reach an agreement, short of formal adjudication through the courts.”[i]

The alternative models for the resolution of electoral disputes are structured in both a temporal and alternative way. The existence of alternative models implies the existence of an ordinary one which is not working, an ordinary one which is not producing the expected results.  A main advantage of ADR is its flexibility and the prospects of providing more timely resolutions to complaints when compared for example to the courts system.

On the other hand it is arguable that just as with electoral management bodies, ADR may not satisfy international obligations of independence and impartiality to serve as a “tribunal” and so it is likely that the value of ADR is as a complement to other mechanisms to resolve disputes.[ii]  Another limitation of ADR is its traditional focus on parties reaching ‘mutually acceptable settlements’ versus the more traditional ‘clear cut’ resolution associated with courts and the ‘winners and losers’ nature of elections.[iii]However, if properly designed, ADR can be particularly appropriate and effective in a transitional context where the legitimacy of state institutions is questioned or the institutions are weak and ineffective.[iv]  In such circumstances, usually,, an alternative model for the resolution of electoral disputes is formed by special agencies composed of experts and endorsed by international agencies under the jurisdiction or the United Nations.

Under such circumstances those in charge of resolving electoral disputes have to take into account the legal and political customs from every single region. However, neither due process of law considerations, nor the democratic principles such as individual rights to free and fair elections must be ignored.

Alternative models for the resolution of electoral disputes have been successfully implemented in Cambodia, Bosnia and South Africa.

Over time, “In post-conflict countries, the gradual replacement of ADR by formal complaints adjudication will contribute to the deepening of democratic processes.”[v]