You are working with Redwood and Associates. You represent Amtrak in a dispute w

Question

You are working with Redwood and Associates. You represent Amtrak in a dispute with Living Springs Homeowners Association (LSHOA). Amtrak operates a freight train that travels through the Living Springs community at 2:00 a.m. on weekdays. Each time the train reaches a crossing, they are required to blow the whistle. LSHOA brought an action against Amtrak in the state trial court to enjoin them from blowing the whistle at every street crossing.

LSHOA selected litigation as its method of dispute resolution. Your attorney met with Mr. Luck, a representative from Amtrak to gather some facts about the dispute. During the meeting, Mr. Luck had some questions of his own. Mr. Redwood, the supervising attorney told him that you would prepare a detailed memorandum in response to his questions. Your supervising attorney has asked you to prepare a memorandum responding to Mr. Luck’s questions and fully explain the reason behind each decision that may have been made.

You are to respond to the following questions:

Describe why LSHOA selected litigation as its method of dispute resolution.

Explain whether LSHOA should have selected inaction, acquiescence, negotiation, mediation, or arbitration.

Explain whether Amtrak has a say in the choice of dispute resolution process.

Explanation / Answer

There are multiple types of options available in the form of alternative dispute resolution for redressal of serious grievances, as well as settlement of disputes. Some of these are mediation, conciliation, and arbitration which are all preferable to litigation as being cheaper and quicker methods of resolution. Living springs homeowners Association selected litigation as its method of dispute resolution as they required extraordinary relief in the form of a restraining order or an injunction, which is not available in most processes of alternative dispute resolution and only a court of law is in a position to provide this kind of relief. Alternative dispute resolution processes all the cheaper maybe long drawn out affairs with no relief possible until final resolution. The society required the freight trains to stop blowing the visit at 2 a.m. in the morning and what are the times at the crossing within the society as it was greatly impacting their quality of life.

Inaction, acquiescence, negotiation, mediation, or arbitration were not feasible alternatives for LSHOA as they required immediate relief through a restraining order or an injunction issued by a court of law. All these alternative dispute resolution processes main has speed flexibility and lower cost as major advantages but could still be time intensive with no method of immediate relief.

Amtrak can opt for alternative dispute resolution process through notification to the court for the desire to do for during proceedings provided it is acceptable to the plaintiff. Federal courts can refer cases to arbitration alternative dispute resolution measures with the consent of both the parties. 28 USC 654. However, courts cannot compel parties to use alternative dispute resolution even the parties agree to arbitration filed cases pending a federal court can only grant permission under certain conditions committed under the constitution especially in cases where the amount involved is low. Many of the state courts resorting to experimenting with compulsory alternate dispute resolution programs.

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