In an adversarial dispute resolution model, the knowledge and experience of a judge is not fully utilized. Justify the above statement.
In an adversarial system, the knowledge and experience of a judge is not fully utilized because:
In an adversarial system, the parties in a legal proceeding develop their own theory of the case and gather evidence to support their claims.
The parties are assisted by their lawyers who take a pro-active role in delivering justice to the litigants.
The lawyers gather evidence and even participate in cross-examination and scrutiny of evidence presented by the other disputing party.
The role of the judge/decision maker is rather passive as the judge decides the claims based solely on the evidence and arguments presented by the parties and their lawyers.
Judges play less active role; a judge is not duty bound to ascertain the truth but only to evaluate the matter based on the evidence presented before him/her.
