What is a motion to compel arbitration in civil litigation?

A motion to compel arbitration in civil litigation is a legal procedure in which a party is asking the court to require arbitration, or an alternative dispute resolution (ADR) process, instead of going to trial. In civil litigation, a motion to compel arbitration is used when an agreement to arbitrate a dispute has been signed by the parties involved. The Ohio Revised Code (§2711.01) states that a motion to compel arbitration must be filed with the court and served on the other parties in the dispute before a lawsuit can be filed by any of the parties. The motion must include the signed arbitration agreement and a statement that the parties to the agreement have not waived their rights to arbitration, as well as any other relevant information. Once a motion to compel arbitration has been filed, the court will review the motion and any evidence presented and make a decision as to whether arbitration should be granted. The court can deny the motion if the parties involved have already waived their right to arbitration, if there is an issue as to the validity of an agreement, or if the court believes arbitration is not an appropriate resolution method for the dispute. If the court grants the motion, then the parties involved must proceed with arbitration. In civil litigation, a motion to compel arbitration can be an effective way for parties to resolve a dispute without going to trial. It is important, however, that any agreement entered into by the parties is properly executed and valid so that the motion to compel will be granted.

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