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Re: Facts about Disputes

Community Guru
Pat M Member Since: Jun 18, 2016
11 of 35

Preston H. stated:

 

re: "Arguably, disputes are the least enjoyable part of hiring and working online."

 

LOL.

 

I agree. That's why I have a "no disputes" policy.

 

There are ways to use Upwork - as both freelancer and client - that allow a user to never use disputes.

 

Clients, especially, can EASILY avoid using ever needing to use disputes. Simply manage your projects (or have a project manager do so). Monitor and evaluate the work being done. If any freelancer doesn't meet your expectations, stop working with him. Thus: no disputes, ever.

 

______________________________________________________________________________________________

 

Preston, it'd sincerely be nice if it'd be as simplistically "black and white" as you've described it.  Unfortunately that's not always the case.

 

Active Member
Brandon W Member Since: Sep 18, 2017
12 of 35

Yeah, I read that article already, but I'm passed the dispute time period and cannot submit a dispute report. To me, this is a different situation.

 

The writer did use his allotted hours during that particular work week to write the article. However, much later once we ended his contract, he deleted the doc with the content I'm trying to get published... long after he was already paid.

Highlighted
Moderator
Avery O Moderator Member Since: Nov 23, 2015
13 of 35

Hi Brandon, 


We apologise for the delay in our reply as we checked with the team if you should be able to file a dispute against your freelancer. Unfortunately, upon review, we were unable to identify the freelancer and the contract you were referring to. You can share more information about this contract to me so that we can look into this further for you. Let us know!


-Avery
Untitled
Active Member
Chen Fong G Member Since: Oct 8, 2017
14 of 35

ValeriaK

 

Can I request that everything be handed off to an experienced authority figure right away? I want a judge, not an arbitrator who sits on the fence. These kinds of arrangements often lead to 'half and half' compromises which means the offending party is the winner.

 

My freelancer delivered very little according to the terms of the contract, and not on time, and only offered a few badly done drafts of part of the work with only a few images approved by me, so I think any experienced mod reading the exchanges between us should be strongly in my favour. I want to build a library of images, so delivering only a small portion of my library is totally not acceptable. Freelancer already repudiated my demand to complete the contract as originally agreed to, and refuses to offer drafts or revise unsatisfactory images, yet insists on full payment.

 

I don't want to take time to talk and talk and mediate and what not. It's a waste of time. Just have someone respected in the community decide over the course of one day, and be done with it.

 

The freelancer refused to spare time to even do a quick sketch of a cartoon emoticon (how much time does that take?), but now he wants to dispute the contract. Clearly he thinks it is easier and quicker to make money by disputes. I don't have time to talk and talk with someone who never wanted to deliver, so I'd rather you just read the exchanges and pass judgment. 

Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
15 of 35

Hi Chen Fong,

 

I'm sorry to hear about the outcome of your contract. It sounds like this is a Fixed-Price contract and the dispute will need to follow the standard procedure before you can proceed with arbitration, which is conducted by a third-party. You can share this request with our Dispute team when Mediation starts, in order to expedite the process, but note that Upwork can't make a binding decision in a dispute on a Fixed-Price contract. You can read more about our dispute assistance program in the opening post on this thread and our legal docs here and here.

Community Guru
Petra R Member Since: Aug 3, 2011
16 of 35

@Chen Fong G wrote:

 

I don't want to take time to talk and talk and mediate and what not. It's a waste of time. Just have someone respected in the community decide over the course of one day, and be done with it.



 That is not how disputes work. Either pay the freelancer, or go through the dispute process. Bacause of Escrow regulations, Upwork can not decide a fixed rate dispute, only mediate. If you and the freelancer fail to reach an agreement, it has to go to arbitration, which will cost you, the freelancer, and Upwork $ 291 each, which is not refundable once the other party has also paid.

Active Member
Roshanak H Member Since: Oct 16, 2017
17 of 35

Hello!

 

My client doesn't want to pay me for work I completed and even revised twice. 

 

She claims she can't use it but she has it. I have no guarantee that she won't use it without my knowledge.

 

And she filed for return of funds.

 

Should I dispute this?

 

I feel I did the work accordingly and gave more than she asked for but I don't know what I should do.

 

Thank you.

Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
18 of 35

Hi Roshanak,

 

If you delivered the work as agreed and can't find an agreement with your client directly, you can consider declining the client's refund request and our team will follow up shortly to guide you through the dispute process.

Active Member
Roshanak H Member Since: Oct 16, 2017
19 of 35

But the process itself costs a certain amount of money, right?

 

Thank you.

Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
20 of 35

Hi Roshanak,

 

Please refer to the opening post on this thread for more details and note that both parties and Upwork will be required to pay an arbitration fee in order to proceed with the last step of the Dispute process.

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