The adversarial system is a legal process where opposing parties present their cases before an impartial judge for resolution

In family law, the adversarial system operates as a formal legal framework where each party presents their position through legal representation. This traditional approach positions both sides against each other, with each presenting evidence and arguments to support their case before a judge who makes the final decision.

While this system is fundamental to Canadian law, it can present unique challenges in family matters:

• Both parties must formally present evidence and legal arguments
• Each side typically requires legal representation
• The process can increase emotional tension between parties
• Court proceedings may be lengthy and costly
• The competitive nature can complicate future family relationships

Many family courts now encourage alternative dispute resolution methods like mediation alongside the traditional adversarial system to help reduce conflict and find more collaborative solutions.