The Adversarial System

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The Adversarial System
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What is the Adversarial system?

• The system of dispute resolution used in
  Australia.
• Resolution of conflict
• Relies on an impartial third party
• Trial is a contest between two parties.

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History

• Established in England
• Most used in countries settled by British.
• These countries known as common law countries.

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Where is it used now?

• England
• Australia
• New Zealand
• Canada
• India

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Aims of the Adversary system

• Provide an impartial third party
• Assumption of innocent until proven guilty
• The search for the truth
• To provide a just, timely and affordable means of
  dispute resolution

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Advantages?

• The judge/ jury are an impartial third party.
  Non-bias.
• Each of the parties has access to legal
  representation
• Strict rules in relation to evidence
• Rules of procedure-equality

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More advantages

• Role of the parties- responsibility to build the
  best case possible
• Every person is treated equally , until a claim
  is proven

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Disadvantages?

• Parties may not exercise rights due to costs of
  case
• Jury may not have any or little
  education/training
• Expertise of judge wasted

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More disadvantages

• The cost may deter legal action
• Proceedings may take a significant time
• All evidence does not have to be presented in
  court
• Witnesses must only answer asked questions
• Search for the truth becomes secondary to the
  will to win

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Alternatives The inquisitorial system

• Used in Europe.
• The key features
• Legal representation is compulsory
• Hearsay is admissible
• Prior convictions impact outcome of trial
• Judge conducts witness questioning

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How could the system improve?

• Affordable
• Timely
• Jury-Unanimous?
• Switch to the inquisitorial?
• All evidence to be submitted to the courts

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Thank-you