Posted: 29 Feb 2008
This article reports the results of a multiyear series of economic experiments comparing the two dominant types of legal procedures used in adjudication: (1) the 'adversarial' model of party-controlled procedure versus (2) the 'inquisitorial' model of judge-controlled procedure. The principal finding is that the relative fact-finding efficiency of the two systems, in terms of both the 'revelation' of hidden facts and the 'accuracy' of decision, depends significantly upon the information structure. Under a 'private' information structure, inquisitorial procedure is relatively more efficient, whereas under a 'correlated' information structure, adversarial procedure is relatively more efficient.
Suggested Citation: Suggested Citation
Block, Michael K. and Parker, Jeffrey S. and Vyborna, Olga and Dusek, Libor, An Experimental Comparison of Adversarial Versus Inquisitorial Procedural Regimes. American Law and Economics Review, Vol. 2, No. 1, pp. 170-194, 2000. Available at SSRN: https://ssrn.com/abstract=713111