Inc. v. Atari, Inc., 296 N.W.2d 422, 428 (Minn.1980). A party may also waive an arbitration clause by defending arbitrable claims in a court action. County of Hennepin v. Ada-Bec Sys., 394 N.W.2d 611, 613 (Minn.App.1986), review denied (Minn. Dec. 17, 1986). Further, the right to compel arbitration is waived if it is not raised expeditiously. Jurewicz, 296 N.W.2d at 428. Here, appellant did not raise arbitration as an affirmative defense in its answer and failed to raise the arbitration argument until its posttrial motion for amended findings. Ordering the parties to arbitration at this point would impede timely resolution of the controversy. See Edina Educ. Ass’n v. Bd. of Educ. of Indep. Sch. Dish No. 273, 562 N.W.2d 306, 310 (Minn.App.1997), review denied (Minn. June 11, 1997) (<HOLDING>). Consequently, appellant waived its right to
holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration holding plaintiffs had waived their right to arbitrate where they had consistently resisted arbitration and only when an unfavorable judgment was entered against them at trial did they seek to compel arbitration holding that district courts are required to compel arbitration of claims subject to arbitration clause even if the result is piecemeal litigation holding that after two years of litigation the employer had waived any right it had to compel arbitration holding employer thirdparty beneficiary could compel arbitration