What is a motion to compel arbitration?
A motion to compel arbitration is a legal request made by one party in a dispute to the court to have the dispute resolved by an arbitrator or panel of arbitrators instead of a judge or jury. A motion to compel arbitration is typically filed with a court in Delaware after a dispute arises between two parties. Generally, a motion to compel arbitration is a document that states both parties have agreed that the dispute should be decided by an independent arbitrator or panel of arbitrators, rather than a judge or jury. The court then reviews the motion to determine if the parties have agreed to arbitration. If the court finds that arbitration is the appropriate avenue to resolve the dispute, then the court will “compel” the parties to use arbitration. If the court ultimately decides to compel arbitration, then the court will issue an order directing the parties to arbitration. The arbitration process is typically less formal and faster than a trial, but a party can still appeal the arbitrator’s decision to a court. Additionally, arbitration proceedings are usually private, whereas trials are open to the public. It is important to note that both parties must agree to the arbitration if it is to be used to resolve the dispute. If a party does not agree to arbitration, the motion to compel arbitration will be denied by the court.
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