🐈
» Forums » Clients » Arbitration Fee
Page options
b3eaf720
Community Member

Arbitration Fee

I just got the following message from my Upwork Dispute mediator:

**Edited for community guidelines**

This freelancer was first given the deadline of 2 business days from 10/9/2018 to pay the fee as he demanded for arbitration. This deadline was then extended to 10/18/2018 by the mediator.

In the above message from the mediator, look at the second paragraph. If the freelancer has already paid the arbitration fee, why would he be invoiced only after I pay? Why didn't I get his invoice first if he has already paid?

10 REPLIES 10
jmlaidlaw
Community Member

"The other party" may be Upwork itself. All three parties pay the arbiter/arbitration company.

This message came from Upwork itself. How can they call themselves "the other party"?

 

I'm sure the other party here is the freelancer. If he has already paid, what kind of proof of his payment should I get?

BojanS
Community Manager
Community Manager

Hi Meijer,

 

I checked your open ticket with our Dispute team and saw that you are communicating with our team directly regarding your concern! Please consider following up on your open ticket and kindly communicate with our team through that ticket if you have any questions, in order to keep all the information in one place. We will also follow up with the team about your case. Thank you!

~ Bojan
Upwork
b3eaf720
Community Member

Thanks Bojan,

 

I'm just wondering, shouldn't I be getting a receipt or something as proof of freelancer's payment?

 

Since the freelancer is so adamant to get into arbitration, he should be the first one to pay. I don't want to be cornered to pay first instead. That's why I'm asking for proof of his payment.

 


@Meijer D wrote:

Thanks Bojan,

 

I'm just wondering, shouldn't I be getting a receipt or something as proof of freelancer's payment?

 

Since the freelancer is so adamant to get into arbitration, he should be the first one to pay. I don't want to be cornered to pay first instead. That's why I'm asking for proof of his payment.

 


If you DO enter into arbitration, all parties have already paid (Client - Freelancer - Upwork)

 

Sure, but maybe he's bluffing, so since my point of view, it's best if you pay first. If he backed out, you win by default and get your arbitration fee back too.

 


@Meijer D wrote:
This freelancer was first given the deadline of 2 business days from 10/9/2018 to pay the fee as he demanded for arbitration. This deadline was then extended to 10/18/2018 by the mediator.

 


But this is the part that it concerns the most. I thought you are given a deadline to pay the arbitration fees and if you don't meet it, that's it!! you don't get an extension.

The problem with this freelancer is that he delayed the job for 4 long months and the product is still not functioning.

The deadline given to me now is not the issue here, neither do I need an extension on it. 5 business days are more than enough to make a small transaction of USD 291 go through.

I was referring to the previous deadline which was given to the freelancer not to me, since he demanded for arbitration, and he failed to meet it. Instead of closing the case, the mediator gave him an extension of 7 more days.

Yesterday I was informed by the mediator that the freelancer has now made the payment. If that's true, i.e. if one party has made the payment, shouldn't I as the other party be invoiced accordingly?

Unless the payment was taken out from the freelancer's Upwork account by the mediator herself - is this the case here?

If this is the case, why did the mediator need to take this action? Shouldn't the mediator be a neutral party and let things run at their own natural cause, whereby both parties in dispute make their payment consciously by themselves?

Is there any professional Upwork moderator here to cooperate with me?

I am facing inconsistent and biased behavior from an Upwork mediatior on my case. Her name is Kendra.

She has given me the so called ‘deadline’ of 10/23/2018 to pay the arbitration fee.

I have sent her many messages over the past 2 days on making the payment but not getting her reply. Since I haven't received any invoice either as mentioned in my previous message, I'm not sure how to pay.

Is she deliberately delaying her response towards me so that the deadline passes quietly, and my funds in Escrow are conveniently released to the freelancer?

 

Is it possible for me to get some other mediation specialist?

Hi Meijer,

 

I just checked your ticket and I can confirm that our team is working on your dispute. Please keep in mind that or dispute agent needs to meditate with the freelancer as well.

I can see that you have already confirmed about proceeding with an arbitration and our agent will reach out to you as soon as possible to assist you further. If you have any additional questions feel free to post them here, thank you.

~ Goran
Upwork

Hi Goran,

Can you clarify 2 things for me..

1) I want to make the payment for my portion of the arbitration fee myself, as I have lost trust in the mediator. I need to know how to make this payment.

2) I want to change the mediator. Kendra has been inconsistent and unprofessional in her conduct as a mediator. A mediator should be a neutral person and not biased.

I should be given another mediator. Even in court cases when a client is not happy with their lawyer, they can change to a different lawyer.

I want you to understand that every little business is serious business for me and this has been dragged for too long.

- First this freelancer wasted my 4 months.
- Then he demanded arbitration when I filed this dispute but failed to make the payment for it on time.
- Then, the mediator extended the deadline for him to make his life convenient.
- Next, the mediator charged his Upwork account (possibly making his Upwork balance negative) just to turn around the deadline to my side,
- I was given 5 business days to make my portion of the payment.

- Now the mediator is keeping silent in these last few days before the ‘deadline’.

She seems to be taking every measure to maneuver this dispute process.
Is she one of the few 3rd rated freelancers in Upwork?

Perhaps this request / complain can be made through a phone call to UpWork?

Hi Meijer,

I understand your frustration with this and rest assured I have already escalated each of your concerns.
Due to private details involved in the case I can`t share more details in our Community. One of our team members will update your ticket as soon as possible and assist you further with everything. Thank you.

~ Goran
Upwork
Latest Articles
Learning Paths