McNaughton alleges that after the interview process, United offered her a position in Birmingham, that she left her *594 position with United in Montgomery, and that, relying on that offer, she relocated to Birmingham. However, United then notified McNaughton that it had hired another person for the Birmingham position.
By that time, McNaughton's former position in the Montgomery office had also been filled. In April 1997, McNaughton sued United in a two-count complaint claiming (1) fraud based on an alleged promise by United to transfer her from United's Montgomery office to its Birmingham office, and (2) claiming intentional interference with business relations.
The trial court granted United's motion to stay the proceedings and to compel arbitration. McNaughton filed this mandamus petition.Ī writ of mandamus is an extraordinary remedy that requires the showing of: (1) a clear legal right in the petitioner to the order sought (2) an imperative duty on the respondent to perform, accompanied by a refusal to do so (3) the lack of another adequate remedy and (4) the properly invoked jurisdiction of the court. Although mandamus relief is rarely appropriate, it is available when a party demonstrates that he has been compelled to arbitrate a claim that he did not agree to arbitrate. Section 2 of the Federal Arbitration Act ("FAA") provides: "A written provision in any. contract evidencing a transaction involving interstate commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction. shall be valid, irrevocable, and enforceable."ĩ U.S.C. Consistent with the FAA, trial courts are required to stay or dismiss proceedings and compel arbitration when the parties have entered into a valid contract containing an arbitration agreement.
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