Conflict in Close

CASE
ST U D Y Quarters

Case prepared by Steven L.

McShane*
Graduate School of Management,
The University of Western
Australia
 Facts & Figures
At Moscow Institute for Biomedical Problems (IBMP) conducting an
experiment on psychological impact during long term isolation in
space on human beings.

Mir space station replica set up in Moscow for the experiment.

Three researchers from Japan, Canada & Austria to spend 110

days isolated in a chamber.

The chamber joined with a chamber with 3 Russians who had

completed 120 days out of 240 days of their programs.

Communication pattern: None fluent in English but managed at

various levels of English.

Judith Lapierre, a French Canadian the only female in the

experiment. A space sociologist with knowledge of Russian culture
and language.

Participation of Judith brings out different viewpoints of the

Russians than the Japanese & Austrian.
 New Year’s Eve Turmoil
Fist fight between two Russian cosmonauts after
drinking Vodka (allowed by Russian space agency).
Judith Lapeer forcefully kissed by a Russian Cosmonaut
repeatedly.

No action by the Russian space agency.

Strong protest by the international crew.

Japanese team member quit.

The Chambers of Russian and International crew

isolated.
 Assumptions
IBMP is the only organization responsible
1
for the experiment.

2 Judith Lapiere was able to understand the

Russian culture and language in her 4 Visits.

The Russian Commander who manhandled Judith

3 was also under the influence of alcohol.

Judith was not related anywhere to the

4 proceedings of the fist fight.

5 The incident happened after 1993.

 Problem Identification
Problem 1 Violence in a structured sociological
experiment.

Sexual harassment with a fellow

Problem 2
researcher.

Problem 3
IBMP trying to downplay a serious
incident involving organizational
misconduct.
- No urgent action taken to resolve the issue.
-The incident regarding Judith downplayed as
a cultural conflict

Problem 4
Disrespect of the rights of a Female
employee.
 Recommended Solution
Alternate Dispute Resolution (ADR)
• Alternative dispute resolution (ADR) (also known as External
Dispute Resolution in some countries, such as Australia)
includes dispute resolution processes and techniques that act
as a means for disagreeing parties to come to an agreement
short of litigation.
• It is a one step ahead of third party resolution. It combines the
third party resolution in an orderly sequence.
• E.g:
- Mediation-If it fails then….
-Arbitration
Judith and the IBMP are to be bought to a negotiation
table to see whether they are able to come to a common
ground. The procedure has first to be addressed using a
mediator and then if it does not solve the issue then an
arbitrator has to be involved.
 Mediation
Steps Involved in Mediation
Commencement Request for Mediation
Appointment of the Mediator

Initial Contacts between the Mediator and the Parties

First and Subsequent Meetings

Agree on ground rules of the process

Gather information and identify issue

Explore the interests of the parties

Develop options for settlement

Evaluate Options

Conclusions
Arbitration - Steps Involved
Dispute Arises
Request for and submission of dispute
Parties agree on a arbitrator or an arbitrator is appointed
Arbitrator accepts appointment
Preliminary meeting at arbitrator's request
Arrangements for the arbitration
Arbitrator issues directions
Preliminary hearings and interim awards
Submission of pleadings
Discovery and preparation of agreed documents
Preparation of expert reports
Hearing
Award: decision and costs
If non compliance - action for enforcement
 Advantages of ADR
• It complements and supports judicial reforms.
• It increases access to justice.
• It reduces cost & time to resolve dispute and increase
disputant satisfaction

Why ADR may not work

• When one of the parties is not ready to participate.
• When there is a wide power difference and authority
between the two parties.
 Alternate Solution
Alternate Legal Proceedings
• If the ADR does not solve the issue then the only
alternative left with Judith is to go to a grievance
addresal system like Ombudsman.
Classical Ombudsman
• The Russian ombudsman position is called Commissioner
for Human Rights.
• Russia's Commissioner for Human Rights is appointed for a
certain term by the Parliament.
• The ombudsman cannot be dismissed before the end of his
term, and is not subordinate to anybody of power, including
the President or the Government.
• Russia’s 83 administrative regions have the right to elect a
local ombudsman whose authority is limited to that region.
Less than half have done so.
• This chair is currently held by Vladimir Lukin.
 Presented By :
Khusboo baid (03)
Shubrashankh Chatterjee (05)
Vaibhav Chauhan (06)
Mrinal Gupta (10)
Vineet Thirani (23)

Any Questions ??