Chapter 3 - FORM 3-5 : MEMORANDUM SUPPORTING MOTION TO COMPEL ARBITRATION OR DISMISSAL

• Jurisdiction: Colorado

Form 3-5: Memorandum Supporting Motion to Compel Arbitration or Dismissal

District Court, __________ County, Colorado Court Address:	▲ COURT USE ONLY ▲
Plaintiff(s): v. Defendant(s):
Attorneys for Plaintiff (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #:	Case Number: Div.: Ctrm.:
DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO COMPEL ARBITRATION, OR IN THE ALTERNATIVE, MOTION TO DISMISS

Defendant [name of defendant], by and through its attorneys [name of law firm], submits this Memorandum of Law in Support of its Motion to Compel Arbitration, or in the Alternative, Motion to dismiss pursuant to Colo. R. Civ. P. 12(b)(1).

I. INTRODUCTION

Because the tort claims in the Complaint arise from and are related to a [describe type of contract, such as: employment agreement or lease] signed by both Defendant [name of defendant] and Plaintiffs [names of plaintiffs], Plaintiffs should be compelled to arbitrate their claims pursuant to the terms set forth in the [type of contract]. In the alternative, Plaintiff's Complaint should be dismissed for lack of subject matter jurisdiction pursuant to Colo. R. Civ. P. 12(b)(2) because the binding arbitration clause in the [type of contract] divests this Court of jurisdiction.

II. FACTUAL BACKGROUND

1. On [date], [describe dealings between plaintiff and defendant that led to their entering into a contract, and briefly state what each party's obligations are under the contract].

2. On [date] the parties executed a [type of contract].

3. The [type of contract] contains a mediation and arbitration clause (referred to here as the "Arbitration Clause").

4. The Arbitration Clause stipulates that [relevant language from arbitration clause]. ([Exact title of contract], Exhibit A).

III. STANDARD

Alternative dispute resolution mechanisms are favored in Colorado as a convenient, efficient alternative to litigation. See City & County of Denver v. Dist. Court, 939 P.2d 1353, 1357 (Colo. 1997). A court must compel arbitration if (1) there is a valid agreement to arbitrate between the parties, and (2) the issue sought to be arbitrated is within the scope of the arbitration provision. See Eychner v. Van Vleet, 870 P.2d 486, 489 (Colo. App. 1993). To determine whether a claim should be resolved by the court or through alternative dispute resolution procedures set forth in the contract, the court must construe the terms of the agreement to which the parties committed themselves in a manner...