Need a Tie-Breaker Provision? Consider Rock, Paper, Scissors

LTB default 777x437

The provision below, which describes a procedure for resolving a voting deadlock, was sent to me by someone who said it was an actual provision in a company's operating agreement.  Actually, I was at least fifth in the chain of emails circulating it, so I can't confirm that it's real.  I did check and some other sources and it did not turn up as something known to be bogus.  So it may in fact be an actual provision in some organization's bylaws.  At least, I hope it is:

Voting Deadlock.  In the event of a deadlock in the vote of the members or managers, the decision shall be made using the method of "paper, rock and scissors." A representative of each side of the issue shall face each other with their arms in a right angle of 90 degrees as the elbow with fists closed and the right fist on top of the left fist.  An independent participant, if available, or either of the representatives will be responsible to count to three in approximately one (1) second intervals.  With each count, each representative shall lightly touch the left fist with the right fist to the cadence of the count and, at the count of three, each representative will signify whether he or she is selecting "paper," "rock," or "scissors." "Paper" shall be represented by the right hand fully extended, palm down.  "Rock" shall be represented by the right hand in a full fist.  "Scissors" shall be represented with the right hand in a fist with the index and third finger extended.  The outcome of the issue shall be decided by the representative who wins the contest by the best two out of three sessions using the following rules:

i.    A display of paper defeats a display of rock;

ii.   A display of rock defeats a display of scissors; and

iii.  A display of scissors defeats a display of paper.

The winning representative shall decide the issue conclusively on behalf of the company.

It Works and Is More Fun Than Nuclear War Please feel free to cut and paste if drafting an agreement that requires something like this.  India and Pakistan, please feel free to use said procedure to decide ownership of Kashmir.

You may recall the 2006 order by a federal judge in Florida directing two lawyers to resolve a stupid discovery dispute by meeting on the courthouse steps for a rock, paper, scissors match.  Seems like something to be encouraged.