What is a motion to compel arbitration?
A motion to compel arbitration is a request that a court make an order requiring the parties involved in a dispute to proceed to an arbitration hearing rather than engaging in traditional litigation. This request is often made when parties are unable to come to a resolution on their own and need to bring in a neutral third party to hear the facts of the case and make a decision. In the State of Texas, any agreement to arbitrate must meet certain conditions to be valid. According to the Texas General Arbitration Act, the agreement must be in writing and signed by both parties. It must also specify the issues to be submitted to arbitration, the number of arbitrators, and the method by which the arbitrators will be selected. The agreement can also include a provision for the selection of an arbitrator by the parties, if they choose to do so. If one of the parties does not comply with a request to arbitrate, the other party may make a motion to compel arbitration. This motion is normally filed in the court that has jurisdiction over the dispute. The court will then review the motion and decide if it should be granted, or if the parties should proceed to a traditional trial. If the motion is granted, the parties will be required to go to the arbitration hearing. There, they will present their evidence and the arbitrator will make a determination based on what was discussed.
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