Re: Client did not pay and closed contract

Anne H · ‎06-03-2020

Hi all,

I´ve been on upwork the past 7 months and so far had only good encounters with clients. This time I got a book project from a client, who agreed on delivering extra information where needed, and paying for extra hours of reviewing and changing the book. After delivering the first draft, he rejected the entire thing (which was based on his notes and drafts he had provided, though) and refused to give additional information. I asked several times to get notes on the draft, so that I could adapt it. After back and forth, asking him to give me comments on the pages, so that I knew what exactly the sections where to change (and not just change it to then get it rejected again), he did not collaborate and then simply closed the contract with the money still in escrow.

I opened a dispute and the upwork dispute agent is now mediating between us, so far asking me for which sum I´d settle and him (he wants to pay 100$ from 670$ only). From what I read, I assumed that upwork reviews the materials of the case and then proposes an amount to settle on for both parties, is that right?

Do you have any insights on this how to proceed?

Thanks a lot

Bojan S · ‎06-03-2020

Hi Anne,

I see that our mediation team is already assisting you with this situation via the support ticket. Please note that we won't be able to discuss the details of a dispute here in the public Community. If you have any additional information or questions, feel free to post them directly on the existing ticket.

Thank you!

~ Bojan

Preston H · ‎06-03-2020

re: "From what I read, I assumed that upwork reviews the materials of the case and then proposes an amount to settle on for both parties, is that right?"

No, Upwork does not do anything like that.

During a dispute, Upwork does not review materials.

Upwork does not make any decisions.

Upwork does not propose an amount to settle.

During a dispute, Upwork only facilitates the two sides communicating with each other and encourages them to come to an agreement.

If that does not happen, then no resolution will be reached.

If no resolution is reached, then an option is to go to arbitration. This requires that client and freelancer and Upwork pay $291 each. Non-refundable.

Arbitration is not done by Upwork, by the way. It is handled by an outside organization.

Anne H · ‎06-05-2020

Thanks for that Preston.

Can you tell me more about the procedure of arbitration?

And this is what I found on Upwork regarding Escrow Fixed Price Contracts.

6.3 NON-BINDING ASSISTANCE

Upwork will first attempt to assist Client and Freelancer by reviewing the Dispute and proposing a mutual, non-binding resolution.

The Upwork Disputes team will notify Client and Freelancer via ticket by providing a notice of dispute along with a request for information and supporting documentation (if any).
If both Client and Freelancer respond to the notice and request for information, then the Disputes team will review the documentation submitted and any information available on the Site that pertains to the Dispute. After review, the Disputes team will propose a mutual, non-binding resolution based on the results of the review.
The proposed resolution is non-binding; Client and Freelancer can choose whether or not to agree to it. If Client and Freelancer agree in writing to the proposed resolution, Client and Freelancer agree that Upwork Escrow is authorized and irrevocably instructed to immediately release Escrow funds in accordance with the proposed resolution.
If Client or Freelancer rejects Upwork’s proposed, non-binding resolution, they may proceed to Arbitration. If Client and Freelancer do not choose to arbitrate, Freelancer and Client agree that Upwork Escrow is authorized and irrevocably instructed to immediately release to Client all funds held in Escrow.
If Client or Freelancer chooses to arbitrate by notifying Upwork via support ticket of their intent to arbitrate, Upwork will notify both Client and Freelancer via ticket that they must make the Arbitration Payment within 5 business days of the notice (the “First Arbitration Notice“). If both parties make the Arbitration Payment (including after initial notice of non-payment), then Upwork will deliver instructions for initiating Arbitration.
If Client or Freelancer does not make the Arbitration Payment within 5 business days of the First Arbitration Notice, Freelancer and Client will be deemed to have irrevocably authorized and instructed Upwork Escrow to, and Upwork Escrow will, release the disputed funds to the party that paid the Arbitration Payment to the extent that any disputed funds remain in the Escrow Account. If no funds remain in the Escrow, Upwork will close the Dispute.
If Client and Freelancer both do not make the Arbitration Payment by the Arbitration Limitations Date, then Client and Freelancer will be deemed to have authorized and instructed Upwork Escrow to, and Upwork Escrow will, release the disputed funds to Client, to the extent that any disputed funds remain in the Escrow Account, if no funds remain Upwork will close the Dispute.

Petra R · ‎06-05-2020

Preston H wrote:
No, Upwork does not do anything like that..

Yes they do

Preston H wrote:
During a dispute, Upwork does not review materials.

Yes, they do

Preston H wrote:
Upwork does not propose an amount to settle.

Yes, they do.

Please try not to mislead freelancers. Thank you.

Anne H · ‎06-05-2020

Thank you for that Petra.

It seems though, that even my dispute agent was not informed about this and I needed to send this information over.

Petra R · ‎06-05-2020

Anne H wrote:
Thank you for that Petra.

It seems though, that even my dispute agent was not informed about this and I needed to send this information over.

Anne, that does not alter the fact that Upwork will not make a decision. You were asked what you will accept, and that will be put to the client. If the client does not agree, the mediator wil make a suggestion. If that is not accepted, you need to pay up for arbitration.