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 Mississippi, as in other states, the Federal Arbitration Act (FAA) and state law govern the enforcement of arbitration agreements. To compel arbitration, the party seeking it must demonstrate that a valid arbitration agreement exists between the parties involved and that the specific claims at issue fall within the scope of that agreement. The process usually begins by 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 of the arbitration agreement. If a party has initiated a lawsuit in court instead of seeking arbitration, the party wanting arbitration may file a motion to compel arbitration in court. Mississippi courts will evaluate the motion by looking at the arbitration agreement's validity and whether the dispute is arbitrable under the agreement's terms. If the court finds the agreement to be enforceable and the claims to be within its scope, it will likely grant the motion to compel arbitration, thus staying or dismissing the court proceedings.