It's almost impossible to bring to action a compelling motion arbitration if you don't have a good arbitration agreement.Īrbitration provisions contain clauses that bind the parties in a contractual agreement to resolve their issues using an arbitration process rather than the court system. Arbitration provisions in the initial contractual agreementĬonsider checking your contract to confirm that you have a valid arbitration agreement. Unlike mediation, a party cannot unilaterally withdraw from the arbitration process.ĭeciding whether to make a Motion to Compel Arbitrationīefore filing a Motion to Compel Arbitration, consider the following:ġ. Should a future dispute occur involving the same parties under the contract, either of the disputing parties will insert an arbitration clause under the relevant contract. This process can only happen if both parties have agreed to it. These mutual decisions ensure that none of the parties involved has an advantage over the other.

Selecting a proper venue of arbitration.

Selecting an appropriate language to use which should be convenient to both parties and.

Choosing the laws to be applied depending on the state of the parties involved.

Selecting an adjudicator of a neutral nationality.

The arbitration process is private disclosures on submissions made or the information in those submissions and the awards given during the process are not allowed.īefore the process begins, parties involved in the dispute must agree to carry out the arbitral tribunal's final decision without delay.īefore the process begins, the parties involved ensure neutrality by: Characteristics of arbitrationįor a conflict resolution process to be considered as arbitration, it must have the following characteristics: Make the right defense the right way with SoloSuit. In mediation, the disputing parties might fail to reach a common ground and end up back in the courts afterward. Unlike mediation, arbitration is more formal it follows legal rules and procedures. A mediator only tries to encourage the disputing parties to work together by providing alternative directives and opinions, with the sole objective of reaching common ground with a mutually satisfying solution. In mediation, the conflicting parties retain the right to decide whether to agree or not to the mediator's settlement. Evidence and arguments are highly regarded and written, and an arbitration award issued later. The conflicting parties agree on the settlement arrived at by the arbitrator. In arbitration, the arbitrator has the power to render a decision considered to be final in resolving the dispute. Difference between arbitration and mediationĪrbitration and mediation differ in empowering and awarding authority to the neutral third party. You can search for your card or bank's agreement here. You should carefully review the arbitration clause in your credit card's terms and conditions before deciding if arbitration is a good move for you. If you got so far behind on your credit card payments that the credit card company is now suing you, you can file a Motion to Compel Arbitration to resolve the issue outside of court.Īll credit card agreements contain a section that outlines details about arbitratino. It's much less intimidating than going to court, and most debt collectors would rather dismiss the case than take it to arbitration. Here are the possible outcomes of filing a Motion to Compel Arbitration:ĭoes the idea of going to court for a debt lawsuit stress you? Filing a Motion to Compel Arbitration can help ease the stress.Īrbitration lets you settle the debt outside of a traditional court setting. Make a Motion to Compel Arbitration with SoloSuit's help.

However, you'll need to make sure that you have a valid arbitration agreement for this to happen. As a result, several state and federal laws allow an individual to compel for arbitration. Many agreements and contracts contain arbitration clauses. On the other hand, judges are elected or appointed by government officials. They are also handpicked by the individuals involved in the conflict. However, unlike the judges, arbitrators are answerable to the parties involved in the dispute.

This individual is known as an arbitrator.Īrbitrators take fairness and impartial oath and apply the law just like the judges. It involves an agreement between the disputing parties in a legal case to empower one or more neutral individuals to render decisions about the legal dispute after listening to the arguments and receiving the evidence. Arbitration is a private process outside of the court.

Motion to dismiss credit card lawsuit