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fixed price escrow refund disputed by freelancer

7e8d2f16
Active Member
Laszlo S Member Since: Apr 24, 2018
1 of 18

Hello! I deleted all freelencer login permissinos from my website last week, because he did not finished the job, was over deadline and I had to restore my older version of my webpage.

Now he desputed the contract cancelling, that he finished. - I only can show now the dialoge to the Arbitration.

- What if the freelancer can not prove, that the site works - because it is not done?

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
2 of 18

Laszlo:

The proper thing for the freelancer to do is to agree to your refund request and allow you to retrieve all of the escrow funds.

 

The fastest way for you to handle this is for you to release all of the escrow funds to the freelancer and then close the contract.

 

So you need to make a decision: How much money is this, really? How much is my time worth?

 

You may still be able to avoid arbitration by agreeing to release all the funds to him.


If you want to go to arbitration, which will cost you $291, you might "win". You might not.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
3 of 18

@Preston H wrote:

Laszlo:

The proper thing for the freelancer to do is to agree to your refund request and allow you to retrieve all of the escrow funds.


 Really? You have a crystal ball and know exactly what the freelancer did and didn't do?

 

No?

 

So how can you state, as if it was a fact, that it would be "the proper thing" for the freelancer to do?

 


@Preston H wrote:

If you want to go to arbitration, which will cost you $291, you might "win". You might not.


 Arbitration comes after dispute mediation. Dispute mediation costs nothing (other than minimal time)

 

 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
4 of 18

re: "You have a crystal ball and know exactly what the freelancer did and didn't do?"

 

I have no idea what the freelancer did or didn't do.

 

The client initiated a request for a full refund. So from the client's perspective, the proper thing for the freelancer to do was to refund all the money in escrow.

 

Keep in mind that I also advised the client to release all the payment to the freelancer.


Both of these actions would have eliminated the need to go to a dispute or arbitration.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
5 of 18

Because obviously I believe in avoiding going to the Upwork dispute or arbitration process.

 

I believe the situation described in the original post is one in which a client and freelancer are NOT on the same page and are not communicating effectively with each other.

 

If what happened as that the freelancer worked hard on this project but the client was completely unsatisfied with the results, then what probably should have happened is this:

 

The client should have briefly explained that he can't use the freelancer's work and will need to hire somebody else. The client would then offer to release half of the escrow funds immediately, while pointing out that if this is not acceptable to the freelancer, the client could instead pay him nothing.

7e8d2f16
Active Member
Laszlo S Member Since: Apr 24, 2018
6 of 18

Are You serious? Half of it for just nothing?

I got nothing! The website became worse, than at start.

That is why I had to restore the old version. Not because of play and joke.

7e8d2f16
Active Member
Laszlo S Member Since: Apr 24, 2018
7 of 18

Probably freelancer will show soon exactly, what he did, otherwise there is nothing to see.

What I am sure in: when I canceled the contract, It was a nightmare page and it was +4 days over deadline.

nkocendova
Community Guru
Nina K Member Since: Nov 29, 2017
8 of 18

Hi Laszlo,

So sorry to hear you are in this unpleasant situation. However you are not at the arbitration stage. The mediation team will review the information you've provided and assist with the dispute according to the Escrow policy. We won't however be able to advise as to what would be the outcome of arbitration should the situation progress to that stage.

~Nina
7e8d2f16
Active Member
Laszlo S Member Since: Apr 24, 2018
9 of 18

We'll see, if it goes to arbitration.

If it goes to, do You know, or heard about any extra costs used to occur

regarding the arbitration process above the 291 $ ?

Do they used to demand from the loser to pay off the other 291 $, what the opponent paid for his part?

Thanks for Your answer in advance.

nkocendova
Community Guru
Nina K Member Since: Nov 29, 2017
10 of 18

Laszlo,

Each of the Dispute Parties and Upwork will share the cost equally ($291 each). You will not be responsible for the other party's arbitration fee in this scenario.

~Nina
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