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 Maine, as in other states, to compel arbitration under the Federal Arbitration Act (FAA) or state law, a party must demonstrate that a valid arbitration agreement exists and that the claims at issue fall within the scope of that agreement. The process of initiating arbitration usually involves filing the case with an arbitration administrator such as the American Arbitration Association (AAA), JAMS, or the Financial Industry Regulatory Authority (FINRA), depending on the terms specified within the arbitration agreement. If a party has started a lawsuit in court instead of seeking arbitration, the other party can file a motion to compel arbitration in court to enforce the arbitration agreement. Maine courts will evaluate the motion based on the existence and applicability of the arbitration agreement, and if the court finds the agreement to be valid and applicable, it will order the parties to proceed with arbitration in lieu of the court litigation.