i'm sorry say that again to their primary intent to i wish it was say that again of these cases you can always say the underlying purpose of the arbitration procedure is to resolve the spirits and otherwise you wouldn't have an arbitration is i don't know where that gets us and since we've got to go further than that and see maybe this is what you suggest and see whether or not the kinds of things written into the arbitration procedure evidence an intent to use the embassies in the dispute resolution mechanism to give a benefit to one side as opposed to just looking at whether or not they intended to dispute resolution mechanism they always will so i'm not sure that gets us  they like that they like the last decision so you agree agreed that there has been a waiver assume that there was a waiver by the pretty extensive litigation that was entered into before the motion to compel was filed why should we just decide that whatever the merits of this  well what about looking at it in terms of the intent because it seems to me that we can look at those things that to get into whether or not the intent of this contract was to resolve disputes or whether it was create such a adverse  resorting to it if we look at it from that point of view was the intent to arbitrate which we kind of have to for the severability thing why can't we look at everything you know just the time and lose but it's up to daven exchange as to whether or not you use one of the other corporate offices or whether you're bringing back the place where he alleges a hostile atmosphere isn't that your ca right but where do you bring that issue in for the let's say you want to have a hearing in front of the arbitrator where does that hearing occur if the employer decides to bring the brisson back to the job s those which is in the first one i'm not concerned about but it's the second requirement to not sell and it says i want to quote the language whether the number of such provisions referring to the arbitration and the degree of unfairness support the inference that the employer was not seeking a bonafide mechanism of dispute resolution but rather sort to impose a look at the arbitrator selection process and all of that was it designed to give d i in a permissible advantage and if we say yes that this record then was wrong should not have said could you respond to that if that's true you almost knew would never have several or you would never reject severability you would just say arbitration is designed for a streamlined dispute resolution therefore they go to arbitration right i mean don't you agree with me that there are factors that should be considered when deciding whether to sever or not would you agree with me that the  think about labor waiver well so you've got this scenario you put it in your defense i guess arbitration you put the fact that that you're almost ready for trial and then you say let's go to arbitration after fifteen minutes what would i mean it seems if i were the point of the werribee somewhat livid after spending all this time sort of like on a treadmill and then and money that's right but in your conferences didn't you tell the magistrate we have an arbitration closure given some thought to me maybe we should apply for to preserve our right and see what happens and that's on the record because that would be ok remember reading it somewhere