What pleadings should be filed if a breach of contract lawsuit is filed despite a mandatory arbitration clause?

In situations where a breach of contract lawsuit is initiated despite the presence of a mandatory arbitration clause, the appropriate course of action is to file a motion to stay the proceedings and a motion to compel arbitration. This is because the law generally requires parties to adhere to arbitration agreements when they exist, as these provisions are meant to streamline dispute resolution.

Filing a motion to stay allows the court to pause the litigation process while the issue of arbitration is addressed. Simultaneously, a motion to compel arbitration requests that the court enforce the arbitration clause, mandating that the parties resolve their disputes through the agreed-upon arbitration process rather than through litigation.

The other choices are less suitable for different reasons. A motion to dismiss the case entirely might be considered if there were issues like lack of jurisdiction or improper venue, but it typically would not effectively address the arbitration aspect. A request for a jury trial is irrelevant in this context because if arbitration is mandated, the parties forfeit their right to a jury trial for that dispute. Lastly, filing a complaint against the opposing party is unnecessary since the lawsuit has already been initiated; it doesn't serve to address the enforceability of the arbitration clause.

Thus, the most effective and properly tailored legal response in the scenario of a contractual