What is a motion to compel arbitration in civil litigation?

A motion to compel arbitration in civil litigation is a request by one of the parties involved in a civil case for the court to order that the parties resolve their dispute in arbitration, instead of through a legal trial in court. In North Carolina, a motion to compel arbitration is governed by state statute. This motion must be filed with the court and state that the parties have already agreed to settle their dispute through arbitration or that a written agreement includes an arbitration clause. The motion must also explain why the case should be decided in arbitration instead of through a legal trial. Once the motion to compel arbitration has been filed, the court will review the motion and the written agreement to see if an arbitration clause was indeed included. If so, the court may order the parties to resolve their dispute in arbitration. If the court denies a motion to compel arbitration, the parties must resolve their dispute in a trial. In North Carolina, a motion to compel arbitration can be filed before or during a trial. This motion can be beneficial because it allows the parties to resolve their dispute in a more efficient, less expensive manner than through a trial. Additionally, it is confidential and does not involve a public resolution, can be held in a location that is mutually convenient, and the decision made by an arbitrator is binding.

Related FAQs

What are the legal standards of proof in civil litigation?
What is a motion for reconsideration of an order in civil litigation?
What is an ex parte hearing in civil litigation?
What is a motion to consolidate cases in civil litigation?
What is a motion for reconsideration in civil litigation?
How do I file a civil lawsuit?
What types of damages can be awarded in civil litigation?
What is a motion to compel discovery in civil litigation?
What is a jury trial in civil litigation?
What is the law of res ipsa loquitur in civil litigation?

What is a motion to compel arbitration in civil litigation?

Related FAQs

Related Blog Posts