Thank you for the additional information, Vladimir.
Just to be clear - if at any time either the freelancer or the client involved in a dispute requests that Upwork Mediation send the dispute to arbitration but the other party does not agree to arbitration within the allotted deadline for response, does the requesting party automatically win the dispute?
Just to clarify, I believe Petra was describing a scenario in which, after the dispute is initiated, one party fails to respond to the dispute request within the advised time frame. In the scenario you're describing, it appears both parties communicated but weren't able to agree on the solution in the mediation phase. In that case, arbitration is the only option and if one of the two contractual parties declines to proceed with arbitration, the funds will be released to the party that paid the arbitration fee. You can find more information about specific release conditions and scenarios in the 2.1 article of Fixed-Price Escrow Instructions section of Upwork ToS.
Simone B wrote:
He instantly answered to me, while showing me a simple image of its work, and ended the contract saying that he has some difficulties to respect the deadlines.
Then I knew that he has completed 10% of the work when he should have completed at least 60% at that time.
He informed you that he is unable to respect your deadlines for whatever reason, HE ended the contract at that time, and I am assuming there was no payment at that point.
I fail to understand why you would continue to pursue him after he already informed you that he can't stick to your deadlines? Further, you hired him twice more after this. You also said you did not like his work, then why would you hire him 2 more times? I am sorry you are facing an issue with a freelancer, but once he quit without payment and told you he is unable to give you what you need, everything that follows is simply your own fault.
I'm sorry to hear about the issue you're having on the contract you mentioned. While we can't discuss contract-specifics and don't have the full insight, we would advise you to communicate with the freelancer and try to resolve the issue amicably. If that isn't possible and you can't come to an agreement, we do have a dispute process in place in order to manage contract disagreements that can't be resolved between the contractual parties directly. Feel free to follow up with me directly in case you'd like to receive additional information and guidance regarding the dispute process, in case you don't come to an agreement with your freelancer to complete or end your contract.