What is a motion to compel arbitration in civil litigation?

A motion to compel arbitration in civil litigation is a legal document filed by a party in a civil lawsuit to try to resolve a dispute through the process of arbitration. In Tennessee, arbitration is a way to resolve disputes outside of the court system. It is a less formal process than a trial and the decisions of the arbitrator are legally binding. In civil litigation, parties can attempt to resolve their dispute through arbitration prior to filing a lawsuit. If the parties are unable to reach an agreement through arbitration, the party who requested the arbitration may file a motion to compel arbitration, which asks the court to order the parties to go through the arbitration process. The motion to compel arbitration must explain why the parties should go to arbitration. Common reasons include parts of the dispute that are too complicated for a trial, and the parties not wanting to wait for a trial date or appear in court. The motion will usually set out the rules and procedures of the arbitration process. The court will then consider the motion and decide whether to grant or deny it. If it is granted, the parties must attend the arbitration process and abide by the decision of the arbitrator. If the court denies the motion, the parties can proceed to court to resolve the dispute.

Related FAQs

What is a motion to compel arbitration in civil litigation?

Related FAQs

Related Blog Posts