What is a motion to compel arbitration and stay proceedings?

Answer 1

There is a document you signed when you opened the account that said you would never sue but instead go through arbitration....in some cases it is a great alternative. But not in all cases. Giving up your right to a jury trial is the devils work, imho. If corporations can't find six good jurors that understand what is going on, imho they should not be doing it. Jurors are vital, if you care about people.

Answer 2

Many contracts contain dispute resolution provisions that provide that disputes arising under the contract will be arbitrated rather than litigated. Arbitration is frequently viewed as less costly and faster than litigation, hence the attraction. This is in part because the "discovery" process in litigation, which often consumes a great deal of time and expense, is short-circuited, and for the further reason that the parties do not have to "stand in line" for a trial date in the crowded court system.

A motion such as this gets filed when one party to a dispute arising from a contract with an arbitration provision files suit, rather than follows the arbitration provision. The motion asks the presiding judge to enforce the arbitration provision and to stay the furtherance of the lawsuit pending the outcome of the arbitration proceeding.