An Adversarial System
“An adversarial system is a form of dispute resolution where the competing parties present their claims in court.”(Care, 2004). These claims are presented legal represented by legal representatives and they have no interest in the final outcome of the dispute at hand. “The claims are represented before an authority who is supposed to determine the case.” (Richards, 1999). The determiner is usually a third party who is not interested and he has the power to impose any judgment.
In this system both parties are allowed to present their supporting evidence and also produce witnesses so as to support their case. The party that is opposing have the liberty to cross examines the witnesses and also looks at the presented evidence independently. They can also challenge the arguments that have been made in court. “This process aims at achieving a presentation of all the facts of the dispute for the judge and the jury to benefit with the knowledge of deciding what transpired and the responsible party.” (Butt, 2004).
The major advantage of the adversarial system is that the judge is able to get a comprehensive understanding of the case that has been presented before him and also the situation of the ongoing case. The major disadvantage is that this system allows room for deception and also the introduction of different legal tactics that are questionable since the main aim is to win no matter the cost. This sometimes brings the notion that the person who has the most money will win. “The rich can afford better lawyers who are experienced while the poor sometimes get the lawyers who do not have much experience.” (Hale, 2004).
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