Can external emails with clients be used as evidence during dispute resolution and arbitration?

[0571aba8]

Hello all:

Can external (e.g., gmail) emails exchanged with clients be used as evidence during dispute resolution and, if needed, arbitration?

BTW, I have read all the Upwork documentation on dispute resolution but do not find a clear answer to this question.

I ask because if only Upwork messages are considered evidence, then I would need to ensure that relevant information I might need in future as evidence be captured via Upwork mail exchanges.

Any firm information (not opinions or commentary) on this question would be much appreciated.

Thanks, and best regards,

Nilo

[lysis10]

You can attach it when they ask you to send all documents regarding your agreement. Worst that can happen is they tell you it's not evidence and they won't consider it.

I referenced my chat sessions with dates and times too to make it easy for the arbitrator to see what I'm referring to.

eta: I would make any important agreements in the Upwork workroom. Or at least copy/paste it before you accept the offer.

[0571aba8]

Thanks for your response. Did the arbitrator accept your chat sessions as evidence, or was he or she silent about its value? In your opinion, did it help your case?

[lysis10]

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Nilotpal M wrote:

Thanks for your response. Did the arbitrator accept your chat sessions as evidence, or was he or she silent about its value? In your opinion, did it help your case?

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The chat sessions are evidence and he/she will read them before making a decision. It was a deciding factor in my case because the client got caught lying among other things that made him look like a jackass. I won because he lied and got caught.

[prestonhunter]

Just to clarify something... It is only within arbitration that evidence is considered and a third-party arbitrator renders a decision. That is a step beyond a "dispute."

During a dispute, an Upwork moderator encourages both parties to come to a resolution. The moderator doesn't make a decision.

I'm not sure to what extent the moderator even considers evidence evidence such as chat logs and email during a dispute. Maybe someone who has been in a dispute can tell us how much that happens, compared to arbitration?

[boxand1solutions]

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Preston H wrote:

During a dispute, an Upwork moderator encourages both parties to come to a resolution. The moderator doesn't make a decision.

I'm not sure to what extent the moderator even considers evidence evidence such as chat logs and email during a dispute. Maybe someone who has been in a dispute can tell us how much that happens, compared to arbitration?

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During the mediation process, the Upwork Mediation Specialist may request any additional files or statements that are relevant to the dispute. However, for arbitration, admissible evidence appears to be limited to communication posted on Upwork's platform. Per Appendix A of Upwork's Fixed-Price Escrow Instructions, "Any communication taking place outside the Contract Room must have been posted to the Contract Room within 24 hours of the original transmission of that communication in order to be admissible."

[wlyonsatl]

That's an important piece of information, Angela. Thank you for pointing it out.

And for those who think Upwork is powerless to make any decision about releasing escrow if the client doesn't agee to its release:

https://www.upwork.com/legal#escrow-hourly

"Upwork Escrow is authorized to and will release applicable portions of the Client Escrow Account (each portion, a “Release”) to the Freelancer Escrow Account, upon the occurrence of and in accordance with one or more Release Conditions provided below...

7. We believe, in our sole discretion, that fraud, an illegal act, or a violation of Upwork's Terms of Service has been committed or is being committed or attempted, in which case Client and Freelancer hereby irrevocably authorize and instruct Upwork Escrow to take such actions as we deem appropriate in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts."

I think a client trying to force a freelancer to accept a lower price than originally agreed for work completed can be considered fraud and a violation of Upwork's Terms of Service. If that is true, not every disagreement in which a client refuses to release escrow would need to go to arbitration.

[researchediting]

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Will L wrote:

That's an important piece of information, Angela. Thank you for pointing it out.

And for those who think Upwork is powerless to make any decision about releasing escrow if the client doesn't agee to its release:

https://www.upwork.com/legal#escrow-hourly

"Upwork Escrow is authorized to and will release applicable portions of the Client Escrow Account (each portion, a “Release”) to the Freelancer Escrow Account, upon the occurrence of and in accordance with one or more Release Conditions provided below...

7. We believe, in our sole discretion, that fraud, an illegal act, or a violation of Upwork's Terms of Service has been committed or is being committed or attempted, in which case Client and Freelancer hereby irrevocably authorize and instruct Upwork Escrow to take such actions as we deem appropriate in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts."

I think a client trying to force a freelancer to accept a lower price than originally agreed for work completed can be considered fraud and a violation of Upwork's Terms of Service. If that is true, not every disagreement in which a client refuses to release escrow would need to go to arbitration.

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Interesting, Will. However, the repeated use of "in our sole discretion" suggests it is what Upwork thinks, not what we think, that matters with respect to this clause. I read it more as a CYA and escape clause than as a guide to operating procedure or as any embrace of a quasi-judicial function. I do not believe it opens an avenue to argument in a process in which, by well established policy and procedure, no argument takes place. And again, "powerlessness" stems from Upwork's circumscribed role as an escrow agent. It's entirely possible that both its limits and its perhaps obligatory escape clause stem from that same circumscribed role.

I'm also puzzled that you speak of "trying to force a freelancer to accept a lower price than originally agreed for work completed." Freelancers often use language like this, and I always find it meaningless. Ain't no client nowhere nohow can force me to do nothin'.