IS MEDIATION REQUIRED FOR A LEMON LAW DISPUTE?
Oct. 11, 2021
According to a Nolo study, an estimated 150,000 motor vehicles are lemons in the United States each year. Although the specific definition varies by state, a car is generally considered to be a lemon if it has been subjected to repeated, unfixable problems. In the event that your car qualifies as a lemon, you may be eligible for a replacement vehicle or refund. If you beleive that your car is a lemon and want to understand if mediation is required, consulting with an experienced lemon law attorney is crucial for proper guidance.
Attorney Ronald S. Weiss is dedicated to offering experienced legal guidance and strong advocacy to clients in lemon law-related matters. Call us today to discuss your unique situation and possible dispute resolution options. As your legal counsel, Mr. Weiss can fight diligently to protect your legal rights and help ensure that you get your deserved outcome. Located in West Bloomfield, Michigan, and Toledo, Ohio, Ronald S. Weiss, Attorney, proudly handles cases throughout both states.
What Is Lemon Law?
Lemon laws are designed to provide remedies for consumers who have purchased a product, usually a car, which has repeatedly failed to meet the expected standards of quality and performance.
What Qualifies as a Lemon?
In general, the problems with the car must occur while the vehicle remains under warranty. To qualify as a lemon in Ohio or Michigan, generally, the car must:
Have a significant defect that is covered by the warranty that occurred within a specific period or after a number of miles traveled, and
Have a substantial defect that can't be fixed after a reasonable number of repair attempts; or
Have spent 30 days or more at the dealership for repairs within the first year of purchase
If you are in Ohio, additional ways that your vehicle may be presumed to be a lemon include:
Eight or more repairs in an effort to fix various problems, or
One attempt to repair a defect that was likely to cause death or serious injury
However, what qualifies as substantial defect or repair attempts often differs. An experienced attorney can evaluate your unique situation and enlighten you about your available options to seek remedy.
Is Mediation Required?
As mentioned earlier, if your car qualifies as a lemon, you may be eligible for a replacement car or refund. However, if the manufacturer isn't willing to replace the car or refund your money, you may have to initially seek a remedy through mediation. Mediation allows both parties to meet with a neutral third party (an experienced mediator or facilitator) to discuss and resolve the lemon law dispute and reach a mutually agreeable resolution. Mediation is voluntary and requires both parties to consent, and there can be consequences for failure to submit a claim to mediation. This can get very technical.
Furthermore, in mediation, the neutral third party doesn't make any decision for the parties involved in the lemon law dispute. Rather, the goal of the mediator is to allow each party to express their minds and attempt to help them arrive at a compromise. With the assistance of a mediator, both parties can reach an agreeable settlement.
However, since the mediator has no legal authority to impose a decision on the parties, nothing will be decided unless both parties agree to it. Upon reaching an agreement, the mediator will put the agreed-upon provisions into writing.
Lemon Law Attorney Serving Michigan and Ohio
Lemon law is characterized by different shades of meaning, and every case is unique. Taking advantage of the lemon law in Michigan or Ohio requires knowing what qualifies as a lemon and how you can get a replacement car or refund. Therefore, when involved in a lemon law dispute, it is important that you speak with an experienced lemon law attorney to evaluate your unique situation and determine whether mediation is required.
Ronald S. Weiss has devoted his career to guiding and representing clients involved in lemon law disputes. Using his knowledge of the laws addressing lemon cars and liability in lemon law cases, he can guide you through the often complex legal process. Ronald S. Weiss can help facilitate the discussion and work to reach a mutually agreeable resolution while protecting your rights and best interests. We will present your case diligently and attempt to get you the best possible result.
If you believe that your vehicle is a lemon, contact Ronald S. Weiss, Attorney, today to schedule a simple case evaluation with knowledgeable lemon law attorneys. We can offer you the experienced legal counsel and brilliant advocacy you need to navigate important decisions. While we are located in West Bloomfield, Michigan, and Toledo, Ohio, we handle cases throughout both states.