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 require the other party to refer the dispute to arbitration instead of to a court of law. In Washington, a motion to compel arbitration is governed by the Washington Arbitration Act, which provides that the court must grant a motion if the parties agreed to refer the dispute to arbitration and the issue is arbitrable. A motion to stay proceedings pending arbitration is a request made by one party in a dispute to stay (temporarily suspend) the proceedings while the parties refer the dispute to arbitration to be decided by an arbitrator. This type of motion is also governed by the Washington Arbitration Act and is designed to help parties save legal costs by having an arbitrator make a decision on their dispute rather than going to court. In summary, a motion to compel arbitration is used to require the parties to refer their dispute to an arbitrator for a decision, while a motion to stay proceedings pending arbitration is used to suspend the proceedings until the parties have finished the arbitration process.
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