What is a motion to compel arbitration?
A motion to compel arbitration is a legal request that is made in a court of law to force two parties to resolve a legal dispute through an alternate dispute resolution process known as arbitration. In the state of Florida, arbitration is a legally binding process in which two parties present their side of the dispute to an independent third-party arbitrator who then renders a decision. The motion to compel arbitration is made when one party wishes to force the other to proceed to arbitration instead of litigating their differences in court. The motion to compel arbitration is usually made in the initial stages of the legal dispute in an effort to avoid the lengthy and expensive process of a trial. It will also require the parties to adhere to the terms of the arbitration agreement and not seek relief from the courts. The motion to compel arbitration can be filed by either party in the dispute, but it is ultimately up to the court to decide if arbitration should be forced or if the parties must proceed to trial. If the court decides in favor of the motion to compel arbitration, then the parties must go through the arbitration process and the court will no longer have jurisdiction over the dispute. In this case, the arbitration decision will be legally binding and the parties must comply with the arbitrator’s ruling. It is important to note that while the motion to compel arbitration is a legal request, the court is not obligated to grant it.
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