What is the difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration?
A motion to compel arbitration is a request made by one party in a dispute to the court to force the other party to participate in arbitration proceedings. This type of motion is typically made when one party believes an arbitration agreement exists between the parties, and that the other party has refused to comply with their contractual obligation to arbitrate. A motion to stay proceedings pending arbitration is a request made by one party to the court to put a "stay" on the lawsuit or dispute pending the completion of arbitration. This type of motion is typically made when the parties have agreed to arbitrate, and are in the process of doing so. By filing a motion to stay proceedings, the parties are requesting that the court refrain from making any decisions in the lawsuit until the issue has been decided in arbitration. In California, there are specific rules and procedures that apply to both motions to compel arbitration and motions to stay proceedings pending arbitration, and each type of motion must be properly argued and supported in order for the court to take action. Both types of motions can be difficult to win, and it is important for parties to understand the law and have the best legal representation possible in such matters.
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