What Is a Motion to Compel Arbitration?

A motion to compel arbitration is a legal request made by a party in a dispute, asking the court to enforce a contractual arbitration clause and require the parties to resolve their differences through arbitration instead of litigation. This motion highlights the parties' prior agreement to use an alternative dispute resolution method, aiming for a more efficient and cost-effective resolution process. Understanding this motion is crucial for grasping the intricacies of dispute resolution and the strategic choices available to parties involved in legal conflicts.(Arbitration Definition, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)

“Typically, a party makes this motion when it believes that mere mention of the evidence during trial would be highly prejudicial and could not be remedied by an instruction to disregard. If, after the motion is granted, the opposing party mentions or attempts to offer the evidence in the jury's presence, a mistrial may be ordered.” (Id.)

Under California Evidence Code § 352, the court has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will… (continue reading)

Under Florida Stat. § 90.403, relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury… (continue reading)

“Under OCGA § 9–9–6(a), ‘[a] party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration,’ and ‘[i]f an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action.’” (Odion v. Avesis, Inc. (2014) 759 S.E.2d 538…) (continue reading)

Under New York CPLR § 4011, the court may determine the sequence in which the issues shall be tried and otherwise regulate the conduct of the trial in order to achieve a speedy and unprejudiced disposition of the matters at issue… (continue reading)

"No formal provision is made for motions in limine in the Texas Code of Criminal Procedure, the Rules, or elsewhere.” (Harnett v. State (2000) 38 S.W.3d 650, 655.) “The lack of an accepted definition renders difficult…” (continue reading)