What is the difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration?

The difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration in South Carolina is that one seeks to force the parties to go through a dispute resolution process (arbitration) while the other seeks to pause a pending court action in order to allow the parties to resolve their dispute through arbitration. A motion to compel arbitration is a request to a judge to order the parties of a dispute to enter into an arbitration proceeding. A motion to compel arbitration forces the parties to go through arbitration instead of through the court system. This motion must provide clear evidence to the court that a contract to arbitrate exists between the parties in question and that the dispute falls within the arbitration agreement. A motion to stay proceedings pending arbitration, on the other hand, is a request to a judge to temporarily pause an ongoing court action or legal proceedings in order to allow the parties to try to resolve their dispute through arbitration. This motion must provide clear evidence to the court that a valid arbitration agreement exists and that the dispute in question falls within the scope of the arbitration agreement. The court ruling to stay proceedings pending arbitration is usually temporary and the court will resume the court proceedings if the parties are unable to resolve their dispute through arbitration. In summary, the main difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration is that the former seeks to force the parties to arbitrate while the latter seeks to pause a pending court action in order to allow the parties to try and resolve their dispute through arbitration.

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What is the difference between a motion to compel arbitration and a motion to stay proceedings pending arbitration?

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