Presley v. P&S Grain Co

In Presley v. P&S Grain Co., 289 Ill. App. 3d 453, 683 N.E.2d 901, 910, 225 Ill. Dec. 398 (Ill. App. Ct. 1997), the Illinois court of appeals held this timing requirement to be directory rather than mandatory. It reasoned, as we have here, that the statute's failure to provide for dismissal as a consequence for noncompliance with its arbitration provisions weighs in favor of a directory interpretation. Presley, 683 N.E.2d at 909. Likewise, it concluded that interpreting the nonbinding arbitration procedures as jurisdictional would lead to an absurd result. Presley, 683 N.E.2d at 909.