I've seen it up close during an arbitration and I felt like crap when I finally realized that both litgants and defense attorneys benefit from this system. My attorney was a bit shocked that felt "all sides sucked"... I left them with the comment that when I wake up in the morning I"ll go to work and help people.... where they will look in the mirror and see...... a lawyer...
Loser pays is the way to go. Whomever loses ..... doesn't get any money and has to pay the legal fees of the winner. If this were to occur.... God... it would be like sharks eating each other.... I would have to watch "Court TV" just to see the loser hand over the check to the winning attorney.