What is a motion to compel arbitration or stay proceedings?
A motion to compel arbitration or stay proceedings is a legal request before a court in North Carolina. It requests that the court compel the other parties to arbitration, or halt any proceedings in the court until the arbitration process has been completed. The motion must be filed by one or both parties who have agreed to arbitrate. It will typically present evidence to the court that there is an arbitration agreement between the parties, and that the claimant has provided proper notice to the other party of their intent to enter arbitration. The primary purpose of a motion to compel arbitration or stay proceedings is to prevent a costly trial that would likely be followed by an arbitration process. This motion will require additional paperwork to be filed to show the court that the parties have agreed to arbitration and that the case should be referred to an arbitrator rather than the court itself for a decision. If the court agrees, they may issue an order for the arbitration process to begin, and stay any other proceedings in the court. After the arbitrator has made their decision, the motion to compel arbitration or stay proceedings may be withdrawn and the parties can move forward with any remaining court proceedings. It is important to note that the motion does not waive any rights of the parties, and they are often used as a way to reduce costs or strengthen their position heading into a trial.
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