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The Irresistible Force Paradox in Play in the Middle Market

BY Anthony L. Lamm
July 26, 2013

Editor's Note: This article is the first in a continuing series on resolving contentious issues in sophisticated lease transactions.

If you had a philosophy course in college, you likely know the story of the craftsman from the ancient Chinese state of Chu who sold spears and shields in the marketplace. Boasting, he claimed that his shields were so solid that no spear could pierce them; that his spears were so strong, they could pierce through anything. This, of course, was immediately met with laughter when the wise guy in the crowd commented, “What if I stab your shield with your spear?” It is said the craftsman had no response.

This story, of course, illustrates the paradox involving the unstoppable force meeting the immovable object. The problem has endured throughout time to describe the clash of strong-willed, unyielding participants in any endeavor. In the area of contract negotiations, however, the paradox plays out a bit differently. It is different because the end game is different. Everyone participating knows and understands that everyone else participating wants to complete a deal that in fact benefits everyone. As more time and energy is invested in negotiating that deal to a hopeful conclusion, the urgency to complete the deal, and the likelihood of deal fatigue, accelerates as frustration builds and everyone's stake in assuring the beneficial use of the participants' time, energy, reputations, personal capital, or whatever other personal reason might exist to propel the deal to finality, mushrooms.

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