to attend binding arbitration is a rep of cobol but that's a different case than what we have here today we have an oral agreement between two parties to attend and i'll turn the dispute resolution based on an understanding of what the situation was as far current status of the case was september eleventh two thousand and eight was a peace management conference of progress call a court mandated date to determine the status of the litigation at that point counsel for the plaintiff and cause continue in the meantime there was some disconcerting discovery which made us take pause with the binding arbitration jury and seek initially just to just state the viking arbitration till we could complete order was written by defense this is somehow indicative of a defendants acquiescing or green are making it a written agreement this is simply a situation where the judge was on the bench the judge heard the case the judge gave his order writing as contemplated by the drafters of the uniform arbitration act this is simply the court's record of that there is going to be an arbitration is somewhat similar to is if counsel what we have on the record is clearly in agreement to go to fighting art and that we've never said that agreement didn't exist we did but it was an oral agreement and we believe that under the common law that oral agreement is replicable and we see have been agreed upon by i don't believe the court has made any suggestion that it could have were either of us to participate in the arbitration and as a consequence of the stipulation that we entered into place on the in other words the concept that even with a must do more of the evidence when speaking on or with what's what's being adopted by the coroner is take a look at the transcript or there's an agreement that they were going to proceed through arbitration the court come through generally it's an agreement that you ventured into long before you ever got in court it's part of the of the country that you head or the building country that you entered into or the reinterpreted or or rude revisited twice by the same core determining w for greta arbitration and we're going to go we're going to go forward with arbitration there were no limits that were placed on the choice that you wanted to make  had the opportunity at the time that you were creating it to do that if you wanted to but you didn't so now it's not revocable of a court and actually said in that first status hearing would you like to have an order entered that formally states that the matter would be stayed pending arbitration usually a date certain etc termite didn't say we're going to memorialize your stipulation i'm certainly you know the language was a little bit forth the specific agreements regarding discovery and when things are to be completed and both parties for life done that and both parties move forward in that in that idea that they are going to take discovery half the time when they were unable to one which i am able to do so that i don't want to do this anymore i would believe the court would be pretty unhappy with that but that's what happened we have a little bit of a different situation here the parties looked at this very early on within one month of the suit being filed and said let's try to take th dispute resolution as set forth by the supreme court i also believe that the other aspect of it is we're looking at it because you do have a right and is there a good excuse in this case there's both there's the right under the and there's a good excuse that no one is prejudiced discover has preceded we've taken depositions of doctors we've taken depositions of parties in this thing is ready to go back and be in the same position it was in front of this trial court arbitrate was there or not i think in the case example you gave you would be putting the parties in a different position as far as moving the case forward by one party not complying with the agreement are there any characteristic a written agreement and is used even that in the section the appropriate section of the arbitration act if you would differentiate the term veer from what we have here in a court order i