What is a motion to compel arbitration in civil litigation?

A motion to compel arbitration in civil litigation is a court filing by one of the parties involved in a dispute. The party filing the motion is essentially asking the court to order the two parties to engage in arbitration rather than go through the traditional court process. In the state of South Carolina arbitration is a voluntary process that can be ordered by a court. Generally, when asked to do so, a court will order the two parties to resolve their dispute through arbitration if it is stipulated in the contract that was signed by the parties. The purpose of a motion to compel arbitration is to prevent any disputes from having to go through the traditional court process, which can be both time consuming and expensive. This is due to the fact that when the parties agree to go through arbitration, they agree to adhere to the decision that is ultimately made by the arbitrator. These motions are not always successful as they require the court to find that arbitration was agreed to by both parties and that the claims in the dispute fall under the scope of the agreement. If a motion to compel arbitration is granted, it requires both parties to go to arbitration rather than court and adhere to the decision that is reached by the arbitrator.

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What is a motion to compel arbitration in civil litigation?

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