People imagine that because we are building a free market, then dispute resolution should be free too, else it is not a free market.
Dispute resolution shouldn't be free.
Otherwise people will freely open up disputes, whether frivolous or not.
Disputes should be minimal when possible, because they force a person to participate who must not have to defend themselves from silly claims.
The traditional court system awards the winner of a case, who was justifiable in their actions and should never have been in court in the first place.
...that concept seems to work "enough".
Dispute resolution should not be free in my opinion.
Right - altho here we're finding two meanings for free - free beer and free dom. In the above I was referring to the latter, in some sense or other. Freedom to dispute the rules was excluded, in the sense that of course, the bad guy chooses the best outcome for self.
Once we get past that, then yes, free dispute resolution cases quickly turn into spam. Turns out people will file cases as therapy. And there's alot of people who need that.