King An adversarial system is one in which “the parties, and not the Judge, have the primary responsibility for defining the issues in dispute and carrying the dispute forward” (LAIR). The adversarial system can be criticized on several grounds, including that: (a) it is essentially confrontational and antagonistic; (b) it promotes the interests of the parties over the desire to find the truth; (c) party control means that rills are prolonged without regard to public resources; (d) it exaggerates resource imbalances between parties by favoring “repeat players”; (e) it encourages a narrow focus on the parties to the dispute instead of the wider personal and situational context in which disputes arise. Non-adversarial focuses on non-court dispute resolution, or court processes that do not involve Judicial determination or where judicial officers play a more active role. It involves “prevention rather than post- conflict solutions, cooperation rather than conflict, and problem solving rather than ole dispute resolution”. There is very limited use of formal legal proceedings: DRY is a multi-stage process, and at each stage there is a high level of attrition.
Negotiation is much more prevalent than litigation. The rise of non-adversarial approaches is, in part, a reaction to public disillusionment with the operation of the justice system and its various alleged flaws. Non-adversarial Justice system: o The Justice system is not Just a DRY service; it also has a public role in interpreting the law, establishing principles, scrutinizing the powerful and determining the rights and liberties of individuals. O The Justice system extends beyond the courts.
Non-adversarial should encompass both the formal and By pleaded is an important part of the Justice system. O Litigants should feel that the process is fair and open; that there is procedural Justice. This may increase public confidence in the system and increase the likelihood that participants will accept adverse decisions. O Non-adversarial emphasizes opportunities for cooperation, participation and partnership rather than an oppositional mentality. This is closely linked with the idea of problem solving over DRY. Judges play a more active role: in “therapeutic Judging” (e. G. Drug courts), Judges maintain closer contact with offenders. O Non-adversarial often seeks “comprehensiveness”: viewing legal problems in context and with an appreciation of the multi- dimensionality of a given situation – e. G. The emotional dimension. O Apart from solving problems or resolving disputes, preventing legal problems from arising in the first place is also an important part of a more holistic approach.