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Lemon LawPage 4The Arbitration Process What Is An Arbitration Hearing? Arbitration is the hearing and resolving of a dispute between opposing parties by a neutral third party, (called an arbitrator) whose final, legally binding decision the parties have agreed, in advance, to accept. Arbitration hearings are much less complicated than court trials, there are no formal rules of evidence or court procedures, and the hearings are designed to be as easy as possible for participants. You will be given the opportunity to explain your claim and present documents, witnesses or other evidence to help prove your claim. The manufacturer will have the same opportunity to present their side of the dispute. Arbitrators are like judges in that they listen to each side and then issue a decision. The Lemon Law Administration has prepared a video, "The Lemon Law: A Guide to Arbitration", which explains the arbitration process in detail. You can view the videos at www.atg.wa.gov/consumer/lemon/, or the videos are available at libraries across the state and are also available for viewing in selected state offices. Contact the Lemon Law Administration for locations and viewing appointments. (See Contact Information Below) After acceptance for arbitration, you will receive complete information from the Arbitration Board on arbitration procedures and how to prepare for an arbitration hearing. Who Will Attend The Arbitration Hearing? Hearings usually will be attended by you and any witnesses, a manufacturer's representative, any manufacturer witnesses, and the arbitrator. All hearings are open to the public. In most instances, an impartial automotive expert technician will be assigned to assist the arbitrator. The expert may examine the vehicle and give an opinion about the nature of the problem(s) and the effect on the vehicle. The expert's function is not to provide testimony for either side in the dispute. You should consider whether providing technical testimony from a qualified independent mechanic would add substantial support to your claim. What You Must Prove At The Arbitration Hearing At the hearing you must establish that your vehicle is eligible (See Which Vehicles Are Eligible on Page 2) and that the manufacturer received your written request for repurchase or replacement of the vehicle. The arbitrator will ask you which of the categories your claim is based upon. (See What Is A Lemon? on Page 2) *) 2 attempts to diagnose or repair a serious safety defectYour claim may be based on one or more defects and cover multiple categories. Plan your presentation to show how your vehicle meets all the requirements and definitions of a category as described in the law. Presenting problems which do not fit in those categories will not help your case and may confuse the important issues. For each nonconformity or serious safety defect you must be prepared to prove to the arbitrator that: *) The defect continues to exist (except for days out of service)If you are claiming 30 or more cumulative days out of service due to diagnosis or repair of one or more nonconformities and serious safety defects, you must be prepared to show that: *) Each defect meets (or did meet) the definition of a nonconformity or serious safety defect (A nonconformity is a defect that substantially impairs the use, value or safety of the motor vehicle so as to make the vehicle unreliable, unsafe or diminished in resale value for comparable vehicles).Page 1 What Is The Lemon Law? Page 2 What Is A Lemon? Page 3 If You Have A Lemon, What Should You Do? Page 4 What Is An Arbitration Hearing? Page 5 What Is The Warranty Period? Page 6 Contact Information
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