I like this positive expression instead of the beleaguered "loser pays" phrase. When winners win and losers lose, we will have a system that works. Currently, you can win the case and pay money. Did you really win?
A revision of our judicial system to incorporate the correct principles (like many enlightened nations have done since the Roman Empire) is the single most effective way to improve it. Walter Olson has written clear articles explaining the strengths of this improvement in our laws, and he has even testified before Congress. Mr. Olson maintains an informative web log ("blog") entitled Overlawyered. There is a nice topic page for this issue, for quick reference. I wonder if we could get him to speak to the DSBA? I wonder if my colleagues would listen?