What is a motion to compel arbitration?
A motion to compel arbitration is a legal procedure used when one party of a dispute wants the other party to use arbitration as a way to resolve the issue. This type of motion is especially common in Kansas, where arbitration law is followed closely. When a motion to compel arbitration is filed, this is a formal request that the other party to the dispute is forced to go to arbitration. This is usually done when the parties have a contract or agreement that specifies that any future disputes between the parties will be handled through arbitration. In this way, the motion is essentially asking the court to enforce the contract between the parties. When the motion is heard, the court will decide if arbitration is appropriate. If it is found to be appropriate, then the court order will compel the parties to participate in arbitration. The court may also order that the parties cover the cost of participating in the arbitration. If the motion to compel arbitration is successful, then the parties are obligated to settle the dispute through arbitration. Arbitration is an alternative method of dispute resolution that is often chosen over litigation because it is faster and less expensive than going to court. Once the arbitration is complete, the court will usually approve a binding decision that will be legally enforceable.
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