What is a motion to compel arbitration in civil litigation?

A motion to compel arbitration in civil litigation is a document filed by a party to a lawsuit asking the court to order the parties to submit their dispute to arbitration instead of having the court decide the case. This motion is typically filed when one of the parties to the lawsuit has previously agreed to arbitrate disputes between them. In Texas, a motion to compel arbitration must be filed with the court in the county where the lawsuit was filed. In order for the court to grant the motion to compel arbitration, it must be shown that there is a valid written arbitration agreement between the parties. If the court grants the motion, the case will be stayed, or put on hold, pending the resolution of the arbitration process. The arbitration process is an alternative to a trial and can be much faster and more cost effective, with proceedings typically conducted by an attorney or other neutral third party. Ultimately, the arbitrator will resolve the dispute based on the facts and the law. When an arbitration award is issued, the parties to the dispute must abide by the terms, just as if the court had issued the order. If either party decides to ignore the decision of the arbitrator, they may be held in contempt of court and may face additional penalties.

Related FAQs

What is a motion to compel arbitration in civil litigation?

Related FAQs

Related Blog Posts