What is a motion to compel arbitration in civil litigation?

A motion to compel arbitration in civil litigation is a legal action that a party to a lawsuit may request in order to resolve the dispute through arbitration rather than going to court. In arbitration, a neutral third-party arbitrator or judges will decide the outcome of the case. This is different from going to court, as the parties do not present evidence to a jury and the decision is made privately. In the state of Hawaii, a motion to compel arbitration is usually made by an individual in a civil case. This motion is a request for the court to compel the parties to arbitrate, meaning that the parties may not proceed with a court trial, but must instead use arbitration. It is important to note that a motion to compel arbitration must be made in writing and must include the names of the parties that are involved in the case. The party making the motion to compel arbitration bears the burden of proving that the arbitration agreement is both valid and enforceable. The court will take the motion into consideration and determine if it should be granted and the case moved into arbitration. If the motion is approved, then a court order will be issued directing the parties to proceed with arbitration. Ultimately a motion to compel arbitration is a legal action that can help resolve a civil case outside of court and provide a quicker resolution of disputes. In the state of Hawaii, it is important to understand how to file this motion if you are involved in a civil case.

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What is a motion to compel arbitration in civil litigation?

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