One clarification regarding "the loser pays" system (here in Canada), is that the loser paying isn't the default. The default is each party pays their own costs. Then later the judge can decide to punish the loser if it was frivolous.
I've been through the small claims process twice recently. In one, the judge had power to make a binding decision and he put an end to the case against me after 10 minutes. In the other, it was a non-binding settlement meeting where he told the other party that they had no chance in court.
My point is that if you give the judge more power, good luck trying to game him and the system.
I've been through the small claims process twice recently. In one, the judge had power to make a binding decision and he put an end to the case against me after 10 minutes. In the other, it was a non-binding settlement meeting where he told the other party that they had no chance in court.
My point is that if you give the judge more power, good luck trying to game him and the system.