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The initial setup (in the Nival implementation) does not help in identifying a sensible player.
If a player makes a mistake when distributing units and fails to consider the possibility of my attack (doesn't conduct reconnaissance), then they should DIE in a BLOODY SLAUGHTER. The army should be completely wiped out, and the commander burned at the stake:D
There should be a price for mistakes. In chess, you don't rearrange pieces before a decisive attack.
Currently, in Heroes 5, there is no difference between an attacking and a defending army – this is nonsense. There shouldn't be equal conditions. Whoever attacks gets to decide and arrange things. And the other should wait for their fate. They have a chance to correct their mistake in battle. But before the battle, there is no need to give them that chance.