Reference no: EM132208851
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.