Articles & Judgments ADR, Arbitration & Mediation Dato’ Syed Ahmad Idid: Proliferation of Mediation Bodies vs Quality of Mediators 
| Dato’ Syed Ahmad Idid: Proliferation of Mediation Bodies vs Quality of Mediators |
|
|
|
| Wednesday, 25 June 2008 09:02pm | |
|
4TH ASIA-PACIFIC MEDIATION FORUM 2008. Hosted by the Harun M Hashim Law Centre 16th – 18th June 2008, in Kuala Lumpur. The theme: Mediation in the Asia-Pacific: General remarks By To Close the Conference. Raising issues for consideration: PROLIFERATION OF MEDIATION BODIES Introduction. Mr Chairman & Ladies and Gentlemen[2] It gives me immense pleasure to be associated with the Forum. I am delighted and honoured to be invited to close this prestigious event. When I received the letter from Associate Professor Dr Abdul Rani Kamarudin (Director of the APMF 2008) I was excited as I was about to complete the application form to attend the conference as a participant. I had earlier disseminated information of this conference so soon as I had received the on-line news from Dr Dale Bagshaw in Australia. You already know Dr Bagshaw who is passionate about and committed to mediation and training of mediators. I am pleased that I accepted the invitation because I can see and meet several old friends and many new friends here at this event. The quantity (or the number of participants) speaks of the high quality of the presentation, the speakers and services. I heartily congratulate the Organisers, the Executive Committee of the APMF, ( one of whose members is Dr Asghar Ali of IIUM who managed to bring this conference to Malaysia), the Harun M Hashim Law Centre and the IIUM[3] and others involved in the success of this Conference. I know a lot of hard work had gone into getting the launch when you first sent out your brochures and invitations. Since then you had to put in more work. And while we the participants go away singing that we have benefitted from the speakers’ contributions, the Organisers have now to tie up loose ends and put the finishing touch to the Conference. This is to enable the next or the 5th APMF 2010 to be organised on sound footing. For all that, may I ask of you to please give the organisers and all concerned a hearty applause. ( ) Thank you. Issues that participants have delved into: It is not an easy task to face all seasoned mediators, like yourselves, in a conference such as this and not say a few words. A conference may be confusion increased by the number of topics. But I am thrilled to be told that everyone had received the presentations with open minds and will now return to your homes and work-stations to use many of the ideas gained from this Conference! The theme of this conference is “Mediation in the Asia Pacific: constraints and challenges”. The thrust is that mediation takes place in diverse ways throughout the different social and legal systems in this region. I am so glad that the eminent speakers had referred to:
You have covered a wide area with in-depth treatment. I note that you started with On-line Mediation and then covered mediation in family relationship (which covers domestic violence and community disputes), disputes in land, banking and finance as well as disputes involving public policy/politics, mediation in criminal law and inter-state disagreements. Additionally, the Conference also covered the procedural aspects plus cross-cultural and international. I like to discuss this a bit more later! Being an international Conference of substance, you also discussed the Emerging trends of mediation and its development. And the organisers also included Mediation in Islamic Law. Some of you had attended the 5-full days of Mediation training under Dr Bagshaw, organised jointly by the University of South Australia and the KLRCA in 2005 when I was the KLRCA Director. There were two very senior Police Officers, with several Chairmen on the Industrial Court among others, in that course! I am informed that this Conference is preceded by a similar 5-day training course (but this time hosted by the Harun M Hashim Law Centre and IIUM) and three conference workshops with basic and advanced mediation training. There is a Peace Prize for someone or a not-for-profit organisation contributing to building peace through mediation or an associated form of conflict resolution. The three previous awardees are Jose Ramos Horta (the 1990 Nobel Peace Laureate of East Timor)[4], the Melanesian Peace Project ( or the Bougainville Restorative Justice Project) and Dame Joan Metge, (an eminent anthropologist) from New Zealand.[5] Funding: I am given to understand that the 3rd APMF Conference was funded by AuAID, the Federal Court of Australia, the NZ Development Programme, UNDP, the British High Commission in Fiji, the US Embassy in Fiji and the University of South Pacific. In the present conference, I am given to understand that they have funding only from the IIUM ( through giving the use of the venue for the conference) and from the fees paid by participants. It is heartening that certain NGOs have provided for the flights and accommodation of those in need and these participants are exempted from paying the fees. VIPs. I am sure you were proud and happy that the Right Honourable the Chief Justice of the Federal Court[6] (now Y A A Tun Abdul Hamid Mohammed ) and the Law Minister ( the Hon’ble Senator Datuk Zaid Ibrahim ) were at the Opening of this conference on 16th. Both delivered their substantial addresses which point to where Malaysia and the Judiciary are heading in mediation. I think most Malaysians are impressed and will now double your efforts towards becoming mediators. I am aware that it is not my turn to deliver any talk on Mediation but rather to quickly declare the Conference closed so that all of us can eat a hefty lunch and then rush to our next destinations, wherever those places may be. But having come this far, I am not letting you go until after I have contributed something that you can remember for some time to come. Mediation! Not meditation? By now you must have been convinced that “mediation is a negotiation process where people involved in a dispute meet with a neutral person (a mediator) and work together to solve the problem” Also by now you are equipped to tell future users of mediation, they are your clients! , that the advantages of mediation are that it is free ( or that the fees may be a quarter of those for an arbitrator?) it saves time and money, that it is fair and neutral, avoids litigation, improves communication and parties may design their own solutions and so everyone wins. To be fair, we must accept that in every compromise both sides believe they have got the bigger or better share. (or put in another way, compromise is the art of dividing a cake in such a way that everybody believes he has got the biggest piece!) Some of the Mediation Centres[7] handle issues as different as anyone can think of: property maintenance, property damage, vandalism, parking, trespassing, fences and hedges, landscaping and trees, landlord and tenant and then harassment, pets and children, elder rights and concerns, matrimonial, noises, money and personal property claims, consumers and merchants, students and teachers or their colleges, nurses and hospitals, labour management issues, environmental, other civil and public matters, contract disputes, Home Owner Association issues, and other aspects of human activity. At the European Mediation Conference held in Vienna in September 28-29, 2007, one of the topics was – believe it or not? – mediation in criminal cases. You could have thought that one could murder or assassinate a person or embezzle a RM1million (or probably more is better?) and then agree on a mediator to arrive at mid-course. I am therefore heartened that this Conference at Panel 4A discussed the same subject. Do you think the mediation will cause the parties to accept the murderer as “just having caused injuries” (to the deceased) and the other to return RM500,000 and retain the balance for his hard work? And generally we have court-annexed and non-court-annexed mediations. I shall address a bit more on the confusion in the minds of some judges over the use of mediation. If they cannot see a useful tool to help ease their burden and instead confuse the tool as themselves then that can be a terrible mental block! I am sorry for all who require mediation but are held back by the very courts which should expedite rather than delay “judicial” process at every turn. Is an agreement to mediate necessary?
I think it is essential to have the parties sign an Agreement to Mediate. What should this include, you might ask? Preferably it should include:
When or why mediation does not work. It is useful for us to realise why or in which circumstances mediation will not work. I am confident you had discussed the factors either in this Conference or elsewhere and had come to think of:
Looking at mediation, the system looks sound for dispute resolution. But the above, and perhaps you have tabulated other causes or reasons or problems which crop up either before or during the process, cannot assist the mediator(s) to proceed or complete the work successfully. Prepare for mediation: Anticipate the negotiation strategies. While it is a must for each side to anticipate the negotiation strategy of the other, the mediator should understand both. In this way the mediator may be able either to dove-tail the opposing strategies or combine them. When this is done, all involved in the mediation can arrive at an acceptable strategy where the parties will be comfortable in dealing with one another. Then the discussions will proceed at a faster pace and to the better interests of the parties. Definition of Mediation? Many in this hall will immediately raise both hands and exclaim: Oh no.! Not again. We have heard that many times before. And you are right! The H G Experts have, however, provided this which appears to be more embracing:
While generally agreements reached after mediation may not be enforceable, I am of the opinion that when you sign the agreement(s) which satisfy the Contract Act and legal terms of a binding contract,[8] I like to add that under WIPO (World Intellectual Property Organization) Rules, “any settlement is recorded in an enforceable contract.” Is there proliferation of mediation bodies? Technically one can just go somewhere and set up a mediation body and call it a Centre or Institute or Academy or Association or Society or Club or Group or by any other name![9] The Bar Council in Malaysia has the Malaysian Mediation Centre which holds about 100 lawyers in their membership. One has to attend a Course (organised by the MMC) before one is admitted. At the same time, remembering from my days as Director, the KLRCA had set up a Conciliation[10] Panel comprising lawyers, engineers, surveyors, medical doctors, architects, sports specialists and others (or other professionals and lay persons of good reputation or have reached the high ranks in the Government or the Industry, including some from IKMAL.[11] ) The Panel was hardly used because there were few mediations which cropped up. And when there was any, the law firms would recommend one among themselves to mediate although the dispute may focus on an engineering or architectural problem or one dealing with maritime. In practice world-wide, we have countless mediation bodies floating about and only a fraction are active. I found that in one European mediation institute there was only one active person and he was the President. He admitted that he had formed the institute a dozen years before but it did not gain the number or popularity he had hoped for. He blamed that on the culture then prevailing. Nevertheless he and his so-called Committee continued meeting occasionally over tea (& sympathy? And socially!) Ladies and Gentlemen: You are aware of many Mediation bodies and many among these describe themselves as “Arbitration” organisations. KLRCA is one such organisation which has both arbitration and mediation under its wings. The Malaysian Institute of Arbitrators and the Chartered[12] Institute of Arbitrators both have mediation in their set-up. The UK has the ADR Group and then the CEDR[13] both of which have mediation services. The ADR Group, according to a news item, “is a leading professional dispute resolution company which works closely with leading and international governments, the UK Civil Mediation Council, the Law Society of England and Wales and the British Judiciary to encourage the use of appropriate alternatives to court-based litigation” Additionally the Law Society also involves itself in mediation. Then there is the UK College of Family Mediators. We can count, among the thousands similar bodies, the following:
Anyone of us can start an international body. Get a few friends or acquaintances and band together and presto! We got a new Mediation Institute! If you place the head office in a European city or town, the Africans and Asians (but not those like us who have been fortunate to have travelled and seen many parts of the world!) will be impressed. They will send in their applications, even fees and photos, trying to be associated with such an institute. The more colourful the brochures and your blogs, the more confidence will the unsuspecting public repose in you. As the President, you can call yourself any title you like. You can surround yourself with people, who may have failed in their respective countries or institutions, and give them Awards which can sound high and mighty. Bingo! Add publicity and nobody may care to know that your body is, not necessarily a fake or bogus, but not as truly international as international high standards should demand! I am pleased that the APMF Asia-Pacific Mediation Forum contains itself within the region with the intention of spreading knowledge of mediation to as many people as possible. To reiterate, the objective of the APMF is to “facilitate the exchange and development of knowledge, values and skills of mediation in any form including inter-cultural[17], interpersonal[18], inter-institutional[19] and international, within and between the diverse countries and cultures in the Asia Pacific Region” I like to commend the APMF and the World Mediation Forum on their objectives. So, now Ladies and Gentlemen, We can see the hordes of mediation bodies most of which can better operate under the APMF and the WMF. Let me not belabour more on this as there is already too much competition and these bodies might have to select a Mediator to mediate! Despite presence of mediation bodies .. disputes increase! I had stated that one part of the APMF’s objective is on international mediation. I shall not touch on commercial or personal relationship mediations as these had been more than adequately treated by the speakers and paper presenters at this conference. If you will allow me, I should say that, as we gain more mediators, we seem to have more disputes. Nobody can claim that the number of mediators increases in proportion to the number of disputes but as we say we progress, we have activities and disputes which slow us down. All these must be blamed on people and even on leaders. To titillate your interest, let me remind ourselves of the predicament facing the Myanmar people, more so those who suffer in the cyclone-devastated areas. I admit I have friends in Yangon and among them are persons related to those in the judiciary, minister now retired and doctors. ( I wish I know those in the gem producing industry!). So I am shocked to learn that almost within sight of Myanmar’s shores were the USS Essex, USS Juneau, USS Harpers Ferry and USS Mustin. They held 14 helicopters, two landing craft vessels, two high-tech amphibious hovercrafts and 1,000 marines. The US flotilla were joined by French and British ships, all carrying food and other items to help those in need. But the military Junta did not allow them to enter or to send the goods. They wanted a mediator but there was no agreement (from the Burmese Authorities) for one to be appointed. The Burmese Ruling Generals rejected a “UN mediation Plan” in which the junta and the pro-democracy leader, Aung San Suu Kyi, would have a third party as a mediator. Thankfully after numerous calls from the United Nations and ASEAN, the Myanmar Generals allowed limited access and the controlled items could get in through their official channels. Would mediation have helped? Could those from the US, the UK and France have succeeded in giving any disaster relief? In the United Nations, the act of mediation describes the political skills. One has to define the stages:
Do you remember Sri Lanka? There is conflict between the majority Sinhala and the Tamil minority. Almost daily we can read of the atrocities committed on children, women, the poor, the defenceless and those who may not even support either. This seems to be about power (of their leaders?) and for land (and riches?). Several mediations[20] have taken place but sadly to no avail. You might want to go back to what I had said regarding why or when mediations do not work. I hope both parties read this and now change their stance! I was interested to learn of the:
You can easily recall the other conflicts:
Why some Judges are reluctant to permit mediation? I refer to those cases that had been filed in the Courts. In one Malaysian case where the parties informed the Judge that they preferred to mediate and not have the matter litigated “on the ground that they chose to keep their dispute confidential” the judge at once ordered an open hearing. He thumbed his nose and said: Buka Semua! I want all to be in the Open ! I will just mention here of the decision of the Court of Appeal in the UK case where Lord Justice Dyson held that “compulsory ADR would breach the right to fair trial as it would amount to an unacceptable constraint on the right of access to the Court”. Has His Lordship forgotten that in actual fact, the parties were before the court and had registered their case and that now the Court itself has decreed another way to reach justice? And this time both parties would get the decision they choose. Wouldn’t that be a better alternative? According to sources, this judgment was heavily “maligned”. Sir Anthony Clarke[25] , Master of the Rolls, on 8th May (just a month ago) delivered a speech at the Civil Mediation Council’s National Conference in Birmingham. His Lordship focussed on how the quality and standards of mediation and mediators can be improved over the coming years. His Lordship quoted the distinctive practice report of Lord Woolf and added that he was surprised that “too many people know far too little of mediation.” So His Lordship suggested that education is required – “education on the part of litigants, lawyers and the judiciary. Lawyers and judges will need educating so that mediation becomes second nature”. I hope you received a similar message from the Chief Justice at the Opening. This should spur the Courts to distribute their thousands of cases to mediators (to many of you here !) and so lessen the burden on the Judges while at the same time enabling the litigants to obtain their just decisions. The backlog in the Courts should be reduced and many (not all) litigants will be relieved. I said “not all litigants” because some will want their cases to be delayed for two or three reasons and the delay is best obtained while their cases remain in the court system. The Courts in this part of the world may wish to access the circular issued by the Alaska Court System at www.state.ak.us/courts/mediation.htm. After having prepared my full draft, I was informed that the Sabah & Sarawak judges, under the Chief Judge ( the Rt Hon’ble Tan Sri Richard Malanjum), have made mediation as part and parcel of the court proceedings. So keen are the judges that they organised a Mediation Seminar recently, led by an Australian judge and an Administrative Appellate Tribunal judge. The Judges paid for the training themselves and for their airfares and accommodation. During my conversation with YAA Tan Sri Richard Malanjum, the Chief Judge intimated that where the judges did the mediation themselves the chances of settlement were (and are) very high. To illustrate this, let us take Miri Court where, during the past six months, the Chief Judge mediated in 45 cases and 22 are settled. The other judges and magistrates are doing just as well. In stations with two or more judges and magistrates, they would exchange the trial cases for mediation. In any case where the matter could not be settled, it would revert to the judge/magistrate who would then proceed to hear in court. In this way there would not be any allegation of bias on the part of the trial judge/magistrate. If such arrangement can be organised in the large and busy Courts in your countries (or in Malaysia at the Courts in Kuala Lumpur, Shah Alam, Johor Baru, Melaka, Penang and Ipoh among others) then many cases can be cleared quickly. Congrats to our Sabah & Sarawak Courts! I am pleased to add that a number of European states such as Belgium and Greece (and Germany) have introduced compulsory ADR schemes. The European Union (EU) itself encourages ADR. Many courts in the US refer matters to mediation. And in Australia, the Commonwealth AG’s Department had worked on a National System of Mediator Accreditation.[26] The System/Scheme is intended for Quality Control of mediators. Since January, the Australian Government has implemented the Accreditation Standards for Mediators Scheme which has (i) Approval Standards (setting out the threshold requirements for mediators who seek to be approved under the Scheme, and (ii) Practice Standard for Mediators which sets out the competency requirements for mediators. I am informed that we have Ms Fiona Hollier, CEO of LEADR, at this Conference. I am confident she will be pleased to elucidate the Scheme when you are able to get in touch with her I like to pay a tribute to the IIUM for their holding courses on ADR and training their students in arbitration, mediation and other dispute resolution processes. I believe other Universities including the UM and UKM have some similar training but on a small scale. It was Professor Dr Syed Khalid Rashid of the IIUM who continuously contacted me in the KLRCA to accept the IIUM students for evening lectures and I am pleased that several have now entered Government Service in the Courts and a few have gone abroad to do their extension studies. Is legislation necessary? I was discussing with Datuk William Lau from Sarawak (and he is a mediator both in Malaysia and Australia and he is present with us today) on this issue. We came to the conclusion that an Act or law should be enacted to drive the mediation process. Many common law countries are looking at this seriously. The US has the Uniform Mediation Act which is an acknowledgement of the breadth of mediation practice, its impact on the court system and the need for guidelines among all users of the process. Perhaps we can sum up the Prefatory Note to that Act as: “A uniform Act that promotes predictability and simplicity may encourage greater use of mediation. … At the same time, is important to avoid laws that diminish the creative and diverse use of mediation” A similar legislation, if introduced in the developing countries in the Asia-Pacific and other parts of Asia (and perhaps also in Africa) will definitely go a long way to promote mediation in their systems. It will enhance recognition and credibility of the mediation process and promote the use of mediation among other members of the public in addition to those confined to court-related litigation. If anything can be learned from Central and Eastern Europe, we can observe that the mediation legislation in these countries focus :
When the country has suitable legislation, a more unified approach to mediation can be brought about. Admittedly there are several mediation methods and it may be difficult to say which are superior. So here is an area for the APMF and the WMF to look into at future meetings. There was already discussion back in 2006 that an Act on Mediation should be drafted. I remember that, being then the Director of the KLRCA, I suggested a look at the UNCITRAL Model . I was given a signal that some top legal brains in Malaysia opposed the enactment of any Mediation law. Nevertheless I hope the Minister in his key-note speech on 16th had given you some indication. And so to the best of my knowledge and just yet, the Mediation Bill is not able to find its way to the corridors of the Malaysian Parliament. Now – the Quality of Mediators! Just now I mentioned what the Master of the Rolls said in Birmingham regarding training and what many countries are doing to train and in some cases accredit or certify mediators. If mediation is going to have a chance at success perhaps the most important decision is: Who will sit in the neutral chair at the head of the table? There is an interesting book: “Choose carefully. All mediators are not created equally”.[27] We can together accept many of the characteristics of a good mediator as propounded by the Princeton Review. And among these:
In another study, the qualities which a mediator should possess are:
I have just yesterday received word that the Chairman of the Victoria Bar Council, Peter Riordon SC, when responding to the statement made by AG Robb Hulls that “fees drive justice out of reach” said that “99% of cases that don’t settle at mediation don’t settle because they don’t have the right people there !” This again makes it essential to have people, including judges, with the proper attributes and judicious temperament if we want the disputes(s) to have a fair chance of settlement. A challenge to paper presenters! We have an excellent array of speakers and presenters here at this conference. Each has done research and written up the paper and a number had done experiments or carried out field studies. I like to challenge each of you to write a book (or at least an article which can be published in an international journal) and this to be accomplished within two years or before the commencement of the 5th APMF Conference in 2010. In the West, there are hundreds of writers. They pick up a few minute points, enlarge each and fill in the gaps, collect more details and information and bingo! … they are published ! I hope you are not sorry for inviting me to this slot because I now challenge you! Authoring a book is in your mind and I hope you remember me when you get your book or article(s) published ! Bouquet of flowers (& Conclusion). Your APMF Executive and Steering Committees 2006-2008 are formidable. With each candidate’s personal commitment, you have achieved success of the training course, the workshops and of this conference. I know you will assist and support the 2008-2010 committees towards the smooth organisation and running of the next conference, also of the continuity of the APMF and the nurturing of the love and respect for mediation and mediators. A big bouquet must go to the sweet lady, Prof Dr Dale Bagshaw, who both leads and trains. I recognise each of the other members and participants from your countries in Asia Pacific and beyond for your personal attention at the Conference. Without you there could not have been this Conference. And I heartily congratulate the Harun M Hashim Law Centre and the IIUM for organising this successful conference on an international scale. We should also remember the Event Manager,Puan Wan Syarinar. who takes care of the arrangements from the start and her Team of Assistants. To everyone present, I thank you. And by the Grace of Allah swt, I now declare this Conference closed. I wish all of you and, not forgetting our foreign guests. a safe journey and Bon Voyage as well as happiness in your homes. Dato’ Syed Ahmad Idid [1] Former Judge of the High Courts of (i) Borneo and (ii) Malaya And Director of the KLRCA Kuala Lumpur Regional Centre for Arbitration 2004-2007.Awarded Triple A by the AIM Manila 2006.. Director SIRIM Berhad [2] This is the usual greeting in international conferences but in Malaysia we need to observe the protocol which includes calling out names and titles and designations of people who consider themselves as VIPs. (This can waste valuable time but it endears the speaker to the VIPs). [3] International Islamic University Malaysia sited at Gombak, Kuala Lumpur. [4] President who survived an assassination attempt a few months ago. The new nation may require mediators for some of the problems? [5] The 3rd APMF 2006 is available on-line and some of you may wish to access that for your records [6] Refer to the Federal Constitution. CJ of the Federal Court or of Malaysia? [7] US Equal Employment Opportunity Commission ; refer also to http://www.cmcf.org.my (kindly provided by Ms Yeo Yee Ling who also suggested the inclusion of MYNIC/MYDRP at fn 13). City of Tagard Oregon. [8] Consensus ad idem, legal relations, any money paid etc… [9] Be aware of local laws. Malaysia has the Societies Act which imposes stringent conditions on formation and management of any society or Association or club etc.. [10] The UNCITRAL has its own “Model Laws on International Commercial Conciliation” (using Conciliation instead of Mediation) [11] Institut Kelautan Malaysia. (It is an organisation for Sea/Ship Captains and others who work the seas). [12] The UK Headquarters in London and the Malaysian Chapter in Kuala Lumpur. [13] Centre for Effective Dispute Resolution. (Does this imply that the other centres are not effective?) The UK Registry for “.uk” domain names is Nominet which trains mediators under CEDR and claims to settle 55% of cases. See Malaysia's own MYNIC and MYDRP. [14] The MOU was signed on August 17th 2007 at the Singapore Centre and witnessed by Singapore's Chief Justice (Rt Hon'ble Chan Sek Keong) and the Attorney General (Mr Chao Hick Tin) and 150 other distinguished guests. See the importance placed on mediation! [15]They may have chosen not to operate in Asia Pacific because of the strong presence of the APMF? [16] There are more than 25.9 million cases of litigation pending in Indian courts of which 9.8 million cases are in the high courts. Do you know the pending cases in your national courts ? [17] Read The Four Faces of Face by John Ng presented at the 2nd Mediation Conference held at the National University of Singapore on 28th March 1999. In Malay “ayer muka”(water face!) is uppermost when people to people conversation or discussion takes place. [18] Listening (and not just hearing) is essential during any mediation. (Read Communicating Effectively During Conflict by Lynn Elsaguirre in < mediate.com> [19] Solution Focused Mediation by Fredrike P Bannink (2008 Oplossingsgerichte therapie in de psychiatrische praktijk in Dutch Journal of Psychiatry) [20] In Panel 3B, Paper on “Norwegian Mediation in Sri Lanka Conflict” by Shammika DLAH, [21] To improve the mediation of armed conflict. [22] “Economic basis of cultural conflicts” by Dr Azly Rahman. [23] I hope, time permitting, to write an article on this. [24] I was nominated for consideration as Judge of the Special Court set up by the UN. (2005) [25] www.judiciary.gov.uk/publications [26] See the IMI's Mediator Competency Certification. What of the training by APMF and WMF ? [27] By Lee Jay Berman.
|
| Next > |
|---|
Report: LAWASIA Fact-finding Mission to Pakistan
Malacca Bar: Conference on the Roadmap to Local Government Elections