People imagine that because we are building a free market, then dispute resolution should be free too, else it is not a free market.

Dispute resolution shouldn't be free.

Otherwise people will freely open up disputes, whether frivolous or not.

Disputes should be minimal when possible, because they force a person to participate who must not have to defend themselves from silly claims.

The traditional court system awards the winner of a case, who was justifiable in their actions and should never have been in court in the first place.

...that concept seems to work "enough".

Dispute resolution should not be free in my opinion.