The Expert Podcast

• We discuss a real-life mediation case between a car dealership and a vehicle owner, highlighting how mediation can be a solution for resolving disputes in relatively small cases.
• This particular case involves a car dealership and a vehicle owner who disagreed over repairs needed on a vehicle purchased a few months earlier.

• A customer purchased a 2-3 year old vehicle with around 35,000-36,000 miles.
• After about two or three months, the vehicle developed significant electrical issues, specifically with the fuel injector system.
• The car was under warranty, but only the powertrain had a five-year/60,000-mile warranty; the bumper-to-bumper warranty had expired after three years/36,000 miles.

• The dealership estimated the repair cost at $2,800, which the vehicle owner felt was unfair, especially given the vehicle was purchased so recently.
• With the warranty no longer covering the repairs, the customer was left in a dispute with the dealership.

• A colleague suggested mediation as a solution, with both parties agreeing to split the $380 cost—$200 paid by the dealership and $180 paid by the vehicle owner.
• As mediators, we reviewed the warranty, repair bills, and estimates, and met separately with both parties.

• The customer understood the risks of buying a used car but felt the cost of repairs was excessive for a car so new.
• The dealership had acted in good faith, inspecting the car and ensuring it was in working condition when sold.
• The dealership’s service manager contacted the manufacturer’s warranty department to inquire about the possibility of retroactive coverage due to a previous repair on the car’s oxygen sensor.

• The manufacturer agreed to cover $800 of the repair costs, reducing the total to $2,000.
• The dealership contributed an additional $1,000 toward the repair costs, recognizing the issue despite the car being outside of warranty.
• The customer paid the remaining $700, which was an outcome both parties were satisfied with.

• Mediation helped both sides find common ground and reach a fair solution without resorting to legal action.
• A third-party mediator can guide both parties by identifying mutual interests, finding solutions that weren’t initially apparent, and defusing adversarial feelings.
• This case serves as a reminder that mediation can be a valuable tool in resolving disputes while maintaining positive relationships between all involved.

• Mediation is a helpful method to solve disputes in situations where both parties are willing to cooperate and find a middle ground. By focusing on common interests and offering a neutral perspective, a mediator can help prevent conflicts from escalating and find fair solutions.