Lemon Law Mediation – What to Expect and How to Prepare

Mediation is a common step in Lemon Law cases. It’s a confidential meeting between you, the manufacturer’s representatives, your attorney, and a neutral mediator to see if you can settle your case without going to trial. If you prepare well, mediation can result in a faster resolution and better settlement.

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1. What Lemon Law Mediation Is

• Goal: Resolve the dispute without trial.

• Mediator’s Role: A neutral third party who doesn’t decide the case, but helps both sides reach an agreement.

• Format: Usually a joint opening session, followed by private meetings (“caucuses”) where each side speaks separately with the mediator.

• Outcome: Settlement agreement signed by both parties — or, if no agreement, the case continues toward trial.

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2. What to Expect During Mediation

A. Introductions & Ground Rules

• Mediator explains process, confirms confidentiality, and sets respectful communication guidelines.

B. Opening Statements

• Your attorney presents your case: the defect, repair history, legal basis for the claim, and what you want (buyback, replacement, cash settlement).

• The manufacturer’s attorney will respond, often downplaying the defect or offering a different interpretation.

C. Private Sessions

• Mediator meets with each side separately to:

  • Clarify goals and bottom lines

  • Explore settlement options

  • Convey offers between parties

D. Negotiation

• Multiple back-and-forth exchanges until:

  • Agreement is reached, or

  • Both sides decide settlement is impossible

E. If You Settle

• Terms are put in writing and signed.

• May include:

  • Buyback/refund

  • Replacement vehicle

  • Cash compensation

  • Payment of your attorney’s fees

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3. How to Prepare for Mediation

Bring These Key Documents

1. Purchase/Lease Agreement – Shows price, date, VIN.

2. All Repair Orders & Service Records – Chronological order.

3. Correspondence – Letters, emails, texts with dealer or manufacturer.

4. Out-of-Pocket Expense Records – Rental cars, towing, lost wages.

5. Warranty Booklet – Shows coverage terms.

6. Photos/Videos – Evidence of defects or failures.

7. Technical Service Bulletins (TSBs) or Recall Notices – If applicable.

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Know Your Goals

• Decide in advance your ideal settlement, acceptable range, and walk-away point.

• Be ready to consider different structures:

  • Buyback vs. replacement

  • Cash-and-keep (keep vehicle + cash compensation)

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Anticipate Manufacturer Defenses

Common arguments:

• “Not a substantial defect”

• “You didn’t give enough repair attempts”

• “It’s wear and tear or caused by misuse”
  Prepare counterpoints with:

• Timeline showing early defect reports

• Evidence of multiple failed repairs

• Expert statements or service records proving manufacturer fault

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Stay Professional

• Let your attorney do the heavy lifting in negotiations.

• Keep emotions in check — frustration can cloud judgment.

• Focus on facts, documentation, and reasonable outcomes.

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4. Advantages of Settling in Mediation

• Faster Resolution – Avoids lengthy trial.

• Lower Stress – Less time in court.

• Control Over Outcome – You decide to accept or reject offers.

• Confidentiality – Settlement terms are usually private.

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5. When Mediation Doesn’t Work

• If no agreement is reached, your case continues to trial or arbitration.

• Information learned in mediation can help refine your trial strategy.