For frivolous litigation, the loser pays, but the standard for litigation being frivolous is pretty high. Maybe there could be a position in between loser alway

For frivolous litigation, the loser pays, but the standard for litigation being frivolous is pretty high. Maybe there could be a position in between loser always pays and loser almost never pays. Say, loser pays if there's no "reasonable" argument for his side of his case, analogous to how you only go to jail (in theory, anyway) if there's no reasonable doubt that you are innocent.