Rav Yehoshua Wolfe
Answer: Using this type of practice for large dinei Torah has been a prevailing custom for a long time and has been bemoaned by Poskim throughout the generations. Indeed, it is a very flawed system. When this practice is used, one of the dayanim is paid to advocate on behalf of one of the parties, even though he is a dayan on the bais din, which is obviously absurd. Just hearing one side's argument without the other being present is against halacha, so actively working with one side is definitely problematic.
In addition, dayanim have the power to cross-examine witnesses, and if one dayan does so on behalf of his client and tries to twist their testimony to his liking, it is obviously very problematic.
Although this system is very flawed, the Aruch Hashulchan says that if both sides agree to it, it can be used; however, many Poskim clearly say that if one side does not want to use this system, he cannot be compelled to participate.
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