§8707.__Motion to compel or stay arbitration

1.__Motion to compel arbitration.__On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:

A.__If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

B.__If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

2.__Motion that no agreement.__On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

3.__No enforceable agreement.__If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate pursuant to subsection 1 or 2.

4.__Claim lacks merit, grounds not established.__The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

5.__Claim pending in court.__If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise a motion under this section may be made in any court as provided in section 8727.

6.__Stay judicial proceeding upon motion to order arbitration.__If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the