What is a motion to compel arbitration in civil litigation?
A motion to compel arbitration in civil litigation is a legal filing from one party in a dispute that is asking a court to send the matter to arbitration instead of pursuing regular court proceedings. This motion is often used in civil disputes as an alternative way to resolve the dispute without having to go to court. It is based on the principle of arbitration, which is an informal, alternative dispute resolution process. In California, a motion to compel arbitration can be used in a civil lawsuit when an arbitration agreement has been signed by both parties. Generally, the motion will set out the reasons why the party filing it believes the other party is obligated to arbitrate the dispute. When the motion is filed, the arbitrator will be chosen by one of the parties, or a third-party, and the parties must follow the rules of the arbitration. In a motion to compel arbitration, the court will consider things like the agreement that was signed, the legal argument of the parties, and the evidence presented. If the court decides that the motion should be granted, the dispute will be sent to arbitration and the court proceedings will be stayed until the arbitration process is finished. The advantage of using a motion to compel arbitration is that the process is usually much faster and less expensive than going through the regular court system, and it still provides the parties with a chance to make their case. However, it is important for parties to remember that even though the court may order arbitration, the decision of the arbitrator is still binding and final.
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