What is the test for demonstrating prejudice in a motion to compel a party to attend arbitration?

California, United States of America

The following excerpt is from Cheroti v. Harvey & Madding, Inc., A135553 (Cal. App. 2014):

where the party opposing arbitration shows only that it incurred court costs and legal expenses.' [Citation.] . . . '[T]he critical factor in demonstrating prejudice is whether the party opposing arbitration has been substantially deprived of the advantages of arbitration as a " ' "speedy and relatively inexpensive" ' " means of dispute resolution.' " (Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436, 451-452 (Lewis), italics added by Lewis.)

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