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How long does it take to settle a dispute ?

dclgrp
Active Member
Frank D Member Since: Jan 28, 2019
1 of 9

I have been trying to get my dispute settled since  Wednesday, February 5, 2020 12:44 PM (UTC)

A freelancer has disappeared on me and I have asked for a refund no work done since hired Jan 16 - Need my refund ASAP

 

I was reached out to by an agent and each time I respond and attached my details the agent from UPWork says that I have not responded.  It is becoming very frustrating. 

**Edited for Community Guidelines**

jr-translation
Community Guru
Jennifer R Member Since: Sep 15, 2017
2 of 9

You had a $585 job. $50 were paid to the FL but the rest was never funded.

 

1. Why did you release any money if you never received anything in return in the first place?

2. Is it possible she stopped working because there was no money funded?

dclgrp
Active Member
Frank D Member Since: Jan 28, 2019
3 of 9

Hi, Jennifer, I had worked with this freelancer before - Also I have using UpWork since the beginning and have had only one other dispute and it was resolved in a timely fashion.. I have a feeling that the dispute resolution has been farmed out to none UpWork staff and the rep is challenged in resolving my issue.. example - twice I have attached the payment details and twice they have said can I please submit the contract/payment details. 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
4 of 9

Frank, disputes are meant to be filed by freelancers when clients do not pay them.

 

Clients do not need to file disputes. If a client does not want to work with a freelancer any more, he simply fires the freelancer.


If a freelancer disappears completely, then the client can simply close a contract while requesting all remaining escrow funds be refunded, and Upwork will automatically trigger the refund after seven days when the freelancer does not respond.

 

Although technically there are ways for a client to ask for refunds or even initiate a dispute or mediation process, these are counter-productive for clients. Thinking about these things as options does more harm than good for clients.

 

It is better for clients to manage their projects proactively and thoughtfully, and diseased the concept of refunds as a possibility. This helps us, as clients, focus on reviewing the work submitted by freelancers as it is comes in, and setting up milestones that make sense.

 

I can set up modest initial milestones with freelancers that I have not worked with before. If the work does not meet my expectations, I can afford to simply end the contract rather than waste my valuable time and resources in a dispute with a freelancer who doesn't deserve more of my time and attention.

 

 

lysis10
Community Guru
Jennifer M Member Since: May 17, 2015
5 of 9

They tell you when it starts that it can last up to 30 days. If they decide to get the two people on the phone, you have an hour to hash it out or you must go to arbitration. If after 30 days you two don't agree, it goes to arbitration. Arbitration can take 6-8 weeks. The time frame depends on how quickly everyone gets back to the mediatior. Everybody gets 3 days (I think?) to get back to the mediator, so if you both take the full 3 business days, it can take over a week for one round of emails.

 

More people really need to read what is explained in the email.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
6 of 9

So basically... the original poster wants to spend many weeks, and potentially months squabbling over a $50 payment he made for work he already received?

 

This sort of thing is one of the reasons I point out that disputes are harmful to clients, and should be dismissed as a potential option by serious businesspersons.

dclgrp
Active Member
Frank D Member Since: Jan 28, 2019
7 of 9

I am not sure you are understanding this situation - the freelancer did not do any work or deliver anything me.. we could not even get a response back.. 

 

So do you understand?  Freelance was engaged on a second project - took the $50.00 and literally disappeared - no communication - no delivery of anything to us... my beef is actually with the terrible support from UpWork.. 

 

Anyway, I have escalated this but wanted to make myself clear... 

jr-translation
Community Guru
Jennifer R Member Since: Sep 15, 2017
8 of 9

Frank D wrote:

I am not sure you are understanding this situation - the freelancer did not do any work or deliver anything me.. we could not even get a response back.. 

 

So do you understand?  Freelance was engaged on a second project - took the $50.00 and literally disappeared - no communication - no delivery of anything to us... my beef is actually with the terrible support from UpWork.. 

 

Anyway, I have escalated this but wanted to make myself clear... 


A freelancer can not just walk off with $50. You either approved the payment or did not dispute it for 14 days when the freelancer requested the payment to be released so it was released by default.

tta192
Community Guru
Andrei T Member Since: Aug 30, 2016
9 of 9

Frank D wrote:

I am not sure you are understanding this situation - the freelancer did not do any work or deliver anything me.. we could not even get a response back.. 

 

So do you understand?  Freelance was engaged on a second project - took the $50.00 and literally disappeared - no communication - no delivery of anything to us... my beef is actually with the terrible support from UpWork.. 

 

Anyway, I have escalated this but wanted to make myself clear... 


What agreement did you have with the freelancer? Did he ask for $50 as advanced payment? If so, then you weren't supposed to receive anything in return. On top of that, you were supposed to create (and fund!) the next milestone for the first deliverable. Not funding the milestone means the freelancer had both the right and obligation to stop working on the project.

 

If the agreement did not include an advanced payment you'll have a hard time justifying the release of funds. Simply saying "the freelancer talked me into it" won't cut it.

 

 

 

 

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