What is a motion to compel arbitration or stay proceedings?
A motion to compel arbitration or stay proceedings is a legal request made to a court in California to order arbitration or put a hold on further court proceedings. This motion can be made when two or more parties involved in a dispute agree to resolve it through arbitration instead of court. In California, arbitration is similar to a trial in that the parties present their case and the arbitrator or panel of arbitrators listens to the evidence and arguments and then renders a decision. Whereas a court decision is binding and issued by a judge, an arbitration decision is generally non-binding and issues from an arbitrator or panel of arbitrators. Since the process of arbitration is more cost-effective and time-efficient than going through a trial, it is often the method of choice when both parties agree. To make sure the agreement will be honored, the parties may submit a motion to compel arbitration or stay proceedings. This motion informs the court that the parties have agreed to arbitration and asks the court to enforce the agreement and stay any further proceedings until the arbitration is completed. In California, a motion to compel arbitration or stay proceedings must be made in a timely manner to be effective. The parties must submit the request before any court proceedings have begun and should provide evidence that the arbitration agreement is valid. After the motion is filed, the court will review it and if it is granted, any court proceedings will be put on hold until the arbitration is completed.
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