It won't be possible to determine a stalemate just by the absence of damage. For example, one stands in defense, buffed with useful spells, while the other simply waits for these buffs to expire. With a strength of 40 and a collection of items that increase spell duration, it will take 90 rounds, but that's not a stalemate.
A stalemate is determined by mutual agreement between the players. If one of them does not consider the situation a stalemate, then they are asked to demonstrate it – to break the balance, to inflict some kind of damage.