What is a motion to compel arbitration or stay proceedings pending arbitration?

A motion to compel arbitration or stay proceedings pending arbitration is a document filed in California courts that requests that a dispute between two parties be heard by an arbitrator, rather than in court. This motion is typically requested when two parties have signed an arbitration agreement, which is a contract that states that any disputes will be heard and resolved through arbitration. When the motion is filed, the court must determine if the arbitration agreement is enforceable. If the court finds that it is, then the dispute must be heard by an arbitrator and not in court. This prevents the parties from filing a lawsuit in court, and it limits the parties to an arbitrator’s decision on the dispute. Typically, arbitrators are selected by the two parties and the arbitrator will come to a binding decision on the dispute. It’s important to note that a motion to compel arbitration or stay proceedings pending arbitration is only applicable when both parties have signed an arbitration agreement that was created prior to the dispute. If the agreement was not created prior to the dispute, then the court will deny the motion and the parties can move forward with their legal case.

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