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 Florida, as in other states, to compel arbitration under the Federal Arbitration Act (FAA) or a state law arbitration statute, the party seeking arbitration 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 often 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 of the arbitration agreement. If a party has started a lawsuit in court instead of seeking arbitration, the party wanting arbitration can file a motion to compel arbitration in court. The court will then determine whether the parties are required to arbitrate the dispute based on the existence and applicability of the arbitration agreement. Florida courts generally favor arbitration as a means of dispute resolution and will enforce arbitration agreements if they are valid and the disputes fall within their terms.