What is a motion to compel arbitration or stay proceedings pending arbitration?
A motion to compel arbitration or stay proceedings pending arbitration is a legal request made by one party to an action in an effort to have the dispute handled by an independent third party, rather than by the court. This motion can be filed in court or in an administrative hearing seeking legal relief. In Delaware, arbitration is a form of alternative dispute resolution (ADR) which allows parties to come together and to work to resolve their differences through negotiation rather than through the typical court process. When a motion to compel arbitration or stay proceedings pending arbitration is granted, the court or administrative hearing body ceases all activity related to the case and instead requires that the two parties enter into arbitration, where they can settle their differences without any interference from the courts. In Delaware, parties are able to make a motion to compel arbitration or stay proceedings pending arbitration in a variety of different contexts, such as in small claims court, family court, workers’ compensation, consumer protection, and even commercial dispute proceedings. In making the motion, the party is essentially asking the court or administrative hearing body to suspend any pending proceedings and have the dispute handled through arbitration instead. While arbitration can offer a number of advantages over litigation, it is important to note that the court may deny a motion to compel arbitration or stay proceedings pending arbitration if it deems that the dispute in question is not suitable for arbitration. In such cases, the court would retain jurisdiction over the case and proceed with the case as it was originally filed.
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