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 for the court to force the parties to go to arbitration. Parties may bring this motion when one of the parties does not agree to arbitrate a dispute or fails to arrive at the arbitration hearing. The motion will usually include a copy of the arbitration agreement, a statement from the party seeking arbitration that they are ready and willing to arbitrate, and a request that the court order the other party to proceed to arbitration. A motion to stay proceedings pending arbitration is a request for the court to halt proceedings on the case until arbitration is complete. This motion is usually filed by one of the parties in a case to prevent the case from going to trial. This motion will usually include the arbitration agreement, a statement that the parties have agreed to arbitrate the dispute, and a request that the court temporarily suspend proceedings until the arbitration can be completed. In the District of Columbia, both motions to compel arbitration and motions to stay proceedings pending arbitration are governed by the D.C. Arbitration statute. Any dispute that falls within the scope of this statute can be resolved using arbitration rather than judicial proceedings. However, motions to stay proceedings pending arbitration are more commonly used to prevent judicial proceedings from taking place.
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