first contract on upwork. I was on holiday and the dispute was solved by the mediation team during this time. I noticed it today and wondering that how it can happen. I have loads of evidence to prove that the developer was not only incompetent but also wasted my time.
The mediation team member was supposed to have a look at my allegations, Upwork chat, and my point of view before deciding on this dispute. I already had shared everything required but was not able to understand what else was required from me!
re "A dispute was solved by Upwork mediation team while I was on hollidays!"
For context, so that we can be in a better position to advise you about what to do next, please answer these questions:
a) Is this for an hourly or fixed-price contract?
b) How much money is involved in this dispute?
c) What was the date of the deadline that was missed during the holidays?
Thank you for answering those questions.
I want to go back to something you said in your original post:
"The mediation team member was supposed to have a look at my allegations, Upwork chat, and my point of view before deciding on this dispute."
I believe that it is not uncommon for a new client - a new user on the platform - to have the same feelings or thoughts that you had. But let me address some of these things. There are some facts about how Upwork works that may seem counterintuitive. But it is useful to know facts, even if those facts turn out to be different than what we originally supposed.
- The Upwork mediation team is not actually supposed to "look at [a clients'] allegations"
- The Upwork mediation team is not actually supposed to look at a client's Upwork chat
- The Upwork mediation team is not actually suposed to look at a client's "point of view"
- The Upwork mediation team is not actually supposed to "decide on a dispute"
If everything I am saying here is accurate (and it is), would you agree that there are many things about the Upwork mediation process that are different than what you assumed?
In point of fact: Upwork policies prohibit Upwork mediation workers from doing the things that you apparently wanted them to do.
The actual purpose of the Upwork mediation process is for an Upwork mediator to facilitate communication between a freelancer and client when there is a dispute. But a mediator is not supposed to make a decision. In fact, because what is in dispute is money in an actual escrow account, there are rules and policies that state that a mediator isn't allowed to make decisions about who gets the money.
This may seem t make no sense, right?
But that is because we are missing a piece of the puzzle: The mediation process does not involve evidence being reviewed and a decision being made. Those things happen during the NEXT step: arbitration.
If the mediation process does not result in the matter being resolved, then the freelancer and client are allowed to go forward to the next step: arbitration.
To go to arbitration, the client pays $291. The freelancer pays $291. Upwork pays $293. These payments are NOT refundable. If both freelancer and client agree to arbitration and pay the arbitration fees, and if Upwork allows the matter to go forward to arbitration, THEN a third-party arbitrator will consider both sides of the issue and make a final decision about who gets the money.
In most arbitration cases, the money is awarded to the freelancer. But not always.
So if you had decided to NOT settle the matter during arbitration and go forward to arbitration, and if the freelancer had decided to go forward to arbitration, and if Upwork had allowed the matter to proceed, then you would have paid $291. And there would have been a small possibility that you would be awarded $300. That means you MIGHT have been able to receive a net "win" of $9 (nine dollars). What is more likely is that you would have paid $291 and the $300 would have been awarded the money in escrow, so you would have had a net loss of $291 + $300, or $591 in total.
(Or Upwork would have laid out some cash to both parties to make the whole matter go away, but they don't like to talk about that or publicize that it, but it happens.)
Would it be accurate to say that you hired a freelancer, promised to pay the freelancer $300, and then the freelancer clicked the "Submit work for payment" button to submit his work and collect the money, but then you said you wanted the money back?
Then, when the Upwork mediation team asked for your response by Dec. 27, you didn't respond?
And then on Jan. 5, over a week later, you asked if you could still respond, but by then the matter was over as far as Upwork was concerned?
What do you feel should happen next?