What is a motion to compel arbitration?

A motion to compel arbitration is a request made in a legal proceeding for the court to order that the dispute be resolved through an arbitration process rather than a court trial. This motion is typically made after the parties have agreed to submit their disputes to arbitration. In the state of North Carolina, a motion to compel arbitration is governed by the North Carolina Uniform Arbitration Act (NCUAA). This act states that if parties have agreed to resolve their conflict through arbitration, either party may file an action in court to compel arbitration. The court will then hold a hearing in which it will either grant or deny the motion. If the court grants the motion, then, in accordance with the NCUAA, the parties will stay all other proceedings and proceed with the arbitration. The court could also issue an order that requires the parties to cover costs from the arbitration process. However, if the court denies the motion to compel arbitration, then the parties must continue in the court process. The court may consider a variety of factors, such as whether the parties have agreed to arbitration and if there are any legal impediments to arbitration, when making its decision. Overall, a motion to compel arbitration is a way for parties to legally agree to resolve their dispute in an arbitration process, as opposed to a court trial, and is governed by the NCUAA in the state of North Carolina.

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What is a motion to compel arbitration?

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