Confused by Dispute Process

[drk1885]

I'm in the midst of a dispute where I think it's obvious that I'm right (like every dispute, right?) - but I'm wondering what's going to happen. It seems like the Dispute process is really just me and the client yelling at each other in a group discussion. Finally the dispute agent chimed, but it seems like he's just trying to get us to come to some agreement about price? I feel like what's happening is that I'm getting screwed over by a client (albeit very slowly)--do the agents who handle disputes actually look at any evidence related to the dispute? I keep sending messages to the agent in charge of my dispute, but he won't reply to my questions. I'm feeling really discouraged, like the client basically decided he wasn't going to pay me and will get away with it OR it'll go to expensive arbitration and I'll still lose money. So, is there a way to escalate a Dispute? Does anybody actually go in an look at the messages and files associated with a dispute? Why won't the agent reply to my questions? 

Thanks--I appreciate any info...

[prestonhunter]

Matthew:

I don't know if it matters very much if dispute agents are able to look at any evidence you send them.

Because in a dispute, Upwork DOES NOT DECIDE who is right or wrong. Dispute agents can ONLY facilitate a client and freelancer trying to come to an agreement. A dispute agent can't make a decision (except in very RARE circumstances such as blatant violation of important Upwork ToS).

Can you "escalate a dispute?"

The answer is "yes" and "no."

NO: You can not escalate to a higher dispute authority or a higher level of dispute.

YES: You can go to arbitration.

[drk1885]

Thanks, I appreciate it. Maybe most disputes play out differently than mine, but I wish there was some faster way to come to conclusion. I know both clients and freelancers need to be protected, but in my case, the client claimed I didn't turn something in which was and is easily verifiably false. He then changed his story to say he wasn't happy with the work, but at least initially, the dispute could have been resolved by verifying that I'd submitted a file. Now it's gotten way messier.

[prestonhunter]

Unfortunately, none of that matters in a dispute.

But these things DO matter in arbitration.

You could tell the dispute agent: "My settlement agreement is that the client pays $500. If they will not do that, then let's proceed to arbitration."

If the client knows he is wrong, then the odds are that he will NOT want to go to arbitration, because he knows he will lose.

If you want to learn more, read any of the many existing Forum threads about disputes and arbitration. Jennifer M. has provided us with much of what we know about disputes and arbitration.

[kat303]

In addition to what Preston told you, If you go into arbitration and pay the arbitration fee, and the client does not, then not only will you automatically get everything that's in escrow, but you'll also get your arbitration fee back. If the arbitration fee is more then what's in escrow it's very likely that the client will pay that fee, especially if the client doesn't want to pay you. In arbitration, that's when the arbitrator looks at all the files, discussions, messages etc and using that will come to a binding decision. All an Upwork mediator can so, (as you are experiencing) is to encourage both the client and you to come to some sort of mutual agreement. 

I hope Jennifer sees this as she's been through both. and can tell you exactly what to do and what to expect. 

[tlsanders]

The way to make it go faster is to stop arguing your case, since it won't affect the outcome. Say what you're willing to accept and stand by it. Then, the client will have to decide whether or not to pay it and you'll move on to the next step.