I think that I am in the camp that a draw should virtually never happen, and/or, a draw is identical to an invader defeat.
There have been plenty of times in history where two forces have fought over a territory but find no conclusive victory by the end of the day. Usually in these circumstances from my understanding, the invader might temporarily retreat to regroup.
So perhaps, if a change is viewed as needed, a draw could initiate a follow up invasion of the same territory in an acceptable time frame? Frankly, this could already happen, but sometimes people don't jump on opportunities like that because it isn't written out to them.
Lastly, piggybacking on [member="Adron Malvern"], what if instead of expanding on the judgement categories, we just lump in Participation with OOC Drama? Three is just as good as Five, and also simpler in general. Personally, I see participation as an OOC category. If no one on one side shows up to a much anticipated invasion... I feel like that could produce just as much angst as if they were fully active but toxic. It does not make a cooperative storytelling environment.
Or maybe I'm wrong, and we need a fifth category for cooperation between two fighting factions. Was one side doing most of the talking as far as planning, setup, etc.? Maybe one side made a bigger deal out of the invasion for its faction, than the other side did? I'm not sure if maybe these should be factors or not, but they are something to consider, I think.