It does, but it also creates an investment opportunity for cases where the chance of winning is high. The problem with each side paying their own fees is that

It does, but it also creates an investment opportunity for cases where the chance of winning is high. The problem with each side paying their own fees is that there is no such beneficial investment scenario for the party that eventually wins. it's all pure losses and then you win but are not really compensated for the financial cost of defense.