¶20. "Waiver of the right to arbitrate is not favored in Mississippi; ‘there is a presumption against it.’ " Ungarino & Maldonado LLC v. Eckert & Tarleton LLC , 285 So. 3d 724, 727 (¶10) (Miss. Ct. App. 2019) (quoting Nutt v. Wyatt , 107 So. 3d 989, 993 (¶11) (Miss. 2013) ); MS Credit Center Inc. v. Horton , 926 So. 2d 167, 179 (¶39) (Miss. 2006). To overcome this presumption, South Central, as "the objector to arbitration[,] must establish ‘that a party seeking arbitration [(1)] substantially invoke[d] the judicial process to the detriment or prejudice of the other party,’ " Russell v. Performance Toyota Inc ., 826 So. 2d 719, 724 (¶15) (Miss. 2002) (quoting Subway Equip. Leasing Corp. v. Forte , 169 F.3d 324, 326 (5th Cir.1999) ), or (2) has "actively participate[d] in a lawsuit or [has taken] other action inconsistent with the right to arbitration."

"However, a party may waive arbitration by `either [(1)] active participation or substantial invocation of the litigation process which results in detriment or prejudice to the other party, or [(2)] engaging in conduct inconsistent with timely enforcing the arbitration agreement ....'" Ungarino & Maldonado LLC v. Eckert & Tarleton LLC, 285 So.3d 724, 727 (¶10) (Miss. Ct. App. 2019) (quoting Nutt, 107 So. 3d at 994 (¶11)). Specifically, the Supreme Court has found that "[t]aking advantage of pre-trial litigation such as answers, counterclaims, motions, requests, and discovery obviates the right to arbitration."