What is a Motion To Compel Arbitration?
A motion to compel arbitration is a motion brought by one party of a lawsuit, usually a defendant, that requests that the court dismiss the lawsuit and order the parties to arbitration. A motion to compel arbitration is often the first motion to be brought by defendants in the employment and medical malpractice contexts. The moving party will allege that the parties have previously entered into an agreement that contains a mandatory arbitration clauses. A mandatory arbitration clause restricts the parties’ rights to pursue claims against each other in court, compelling the parties to arbitrate any disputes. The moving party will also argue that the mandatory arbitration clause is not unconscionable.