A person or entity seeking to compel arbitration under the Federal Arbitration Act—or under a state law arbitration statute—generally must establish that a valid arbitration agreement exists and that the person or entity’s claims are within the scope of the arbitration agreement. A party typically initiates an arbitration proceeding by filing the arbitration case with the agreed-upon administrator of the arbitration (AAA, JAMS, FINRA), or by filing a motion to compel arbitration when another party has initiated a legal action in court (a lawsuit).

In Kansas, as in other states, to compel arbitration under the Federal Arbitration Act (FAA) or a state law arbitration statute, the party seeking arbitration must first demonstrate that a valid arbitration agreement exists between the parties involved. Additionally, the claims that are being brought forward must fall within the scope of that arbitration agreement. To initiate the arbitration process, the party typically files the case with the arbitration administrator specified in the agreement, such as the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), or the Financial Industry Regulatory Authority (FINRA). If a legal action has already been initiated in court, the party seeking arbitration would file a motion to compel arbitration in that court. The court will then determine whether the arbitration agreement is enforceable and whether the claims at issue are arbitrable under the terms of the agreement. If the court finds in favor of the party seeking arbitration, it will order the parties to proceed to arbitration in lieu of continuing the lawsuit.