The Limitations of Adversarial Accountability

This writing is an excerpt from my forthcoming book Participatory Accountabilty.

Accountability is a process through which people come into fuller awareness of harm, impact, responsibility, and change. Every genuine accountability process shares four basic elements: hearing, response, understanding, and the possibility for correction or change going forward.

Accountability begins with a request for someone to encounter what they did, in the words of the person it happened to, and engage with it. Someone who has experienced harm needs to be able to be heard in a setting where they cannot simply be dismissed or ignored. Next, anyone whose conduct is implicated needs an opportunity to engage with that account and respond to it. Third, some kind of understanding of what happened and what it means must emerge. Finally, there needs to be some potential pathway for correction or change going forward, such as repair, changed behavior, changed conditions, or other consequences.

All four elements of this process are essential. The opportunity for response is not a mere courtesy, nor is it a feature unique to any particular model of accountability. It is a structural requirement of any accountability process. A process moving directly from request to consequence, skipping any opportunity for encounter, response, and understanding, is not holding anyone accountable. It is enacting consequences on the basis of an untested claim.

The accountability system most people are familiar with is adversarial accountability, best exemplified by democratic legal systems. Legal systems include all four essential elements of the accountability process, but they relocate them away from the people they belong to. A trial creates a formal setting where an account is heard and a defense is presented. Both parties have an opportunity to engage with, respond to, and cross-examine each other’s claims through professional representatives. Understanding is reached by a theoretically impartial judge or jury. And consequences may be imposed by the judge or according to statutes created by lawmakers.

This elaborate apparatus exists not because it is the only way to produce accountability, but because legal systems are the final societal backstop to resolve disputes between opposing interests. Participation is not optional. People can be compelled to appear, respond, and submit to the process and the consequences it produces. The complexity of legal systems is the accumulated result of centuries of trying to find a solution to a very difficult problem: how do you make fair decisions about situations you did not experience in a way that produces outcomes the people affected, and society as a whole, will accept as legitimate, in a context where somebody must ultimately make this decision.

Legal systems are the most fully developed forms of adversarial accountability, but they are not the only ones. Professional licensing boards, workplace HR processes, university disciplinary procedures, and other accountability structures found in large institutions often operate within the same basic framework, but with less developed structures and less power to unilaterally impose consequences. However, these institutions still have far more resources, ability to impose meaningful consequences, and formal structure than small community organizations do.

All adversarial models share the same core assumptions: an objective determination of what happened can be made by a neutral third party, the parties’ interests are fundamentally opposed, and consequences can and should be imposed by an external authority. This is the model many community groups inherit when they begin building accountability processes. When tensions are high, adversarial approaches may appear to be a legible way to demonstrate an appropriate level of seriousness.

Adversarial thinking can shape not only how organizations implement accountability processes, but also how people in the community think about what accountability is for and how to interact with it. If a situation is perceived to be serious, people may demand punishment: restrictions, removal, or exclusion. A person involved in an accountability process may therefore experience it as a threat to their belonging rather than an invitation to engage with the impact of their behavior. Someone who has experienced harm may believe they need to frame their account in the strongest possible terms, anticipating a defensive response within an adversarial process. An organization may feel pressure not just to hear concerns, but to produce a visible outcome in which one side prevails and consequences follow for the other.

While they may be familiar, adversarial approaches are not always the best choice for small community organizations. Fair adversarial processes require impartial investigators, adjudicators with no stake in the outcome, procedural safeguards to protect both parties, and evidentiary standards to distinguish reliable from unreliable information. And this still does not guarantee just outcomes. Even governmental legal systems, with vast power and resources at their disposal, struggle to consistently produce a universally accepted implementation of justice.

Adversarial accountability processes are designed around requirements participatory communities do not face and which volunteer-based organizations cannot reasonably fulfill. This mismatch points to something deeper: adversarial accountability requires so much apparatus precisely because it is trying to produce fairness between parties who have no other reason to engage with each other. What communities have that adversarial systems do not is relationships. People choose to be in relationship with each other and with the community. They care about whether those relationships continue. That voluntary stake in each other and in the community as a whole is the foundation on which a different kind of accountability can be built.