I just tried to post this as part of an ongoing discussion with a very disillusioned litigant on the ABA site... I suspect they won't post so here it is:
FF I agree with you that the adversarial system makes it possible in most cases for one party to drive an entire case. But there are other tools-- see, e.g. "Aikido: Life Lessons from an American Sensei" by George Leonard.
But this perceived "reality" is not the true reality any more than is was when Einstein discovered E=MC squared" while his peers were arguing about molecules.
See also (and there I put this website.) and some stuff about problems and the mindset that created it etc.