What could be considered a major criticism of the adversary process?

The competitive nature of the adversary process is a significant criticism because it can lead to an environment where winning becomes the primary focus, potentially overshadowing the pursuit of truth and justice. In a system structured around two opposing parties, each is incentivized to aggressively advocate for their position, which may result in strategies that prioritize success over fairness or the completeness of the evidence presented. This adversarial focus can sometimes create situations where essential facts are overlooked or not fully explored, leading to outcomes that might not reflect the most accurate understanding of a case. Additionally, the intense competition can discourage collaboration and compromise, which are often necessary components in achieving a just resolution. Thus, while the adversary process is designed to ensure a fair hearing, its competitive nature can undermine the broader objectives of justice and comprehensive inquiry in legal disputes.