Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Curious: Really Bothered About Mediation (Dispute) Right Now UNFAIR

Highlighted
Active Member
Waldemar M Member Since: Oct 6, 2018
1 of 20

I have this current dispute that is ongoing and I feel I was really robbed. The amount is just too small for me to continue to arbitration which will not make any sense at all (financially because I will be required to pay a large fee for arbitration) I am just a poor man. I was really bothered about his "final conclusion" about the mediation as I feel that I was completely robbed and helpless. I seldom experience disputes throughout my career in Upwork and I was really bothered about this "no protection for freelancers", yes this is my sentiment I worked for the project for a month. Then after I submitted it to the client he ended the contract. I commend the mediator for politely assisting us throughout the process obviously the client does not want to negotiate at any point in time even I offered to fix it anything that he wants to fix. Then I was shocked a while ago upon seeing the probably final solution to the dispute (please see screenshots I removed the names of the client and the upwork employee for privacy). So if neither wants to continue the arbitration, either way, the escrow funds will be refunded to the client? Where is the justice here Smiley Happy The client got the work for free and I was totally robbed. Thank you I just want to voice out my frustration here. I wish you have better protection for us freelancers on this kind of scenario nobody wants to work for free.

**Edited for Community Guidelines**

Highlighted
Community Guru
Petra R Member Since: Aug 3, 2011
2 of 20

If you have the money, pay for arbitration **FIRST** - that way the client will almost certainly pull out if the sum in Escrow is less than the arbitration fee, and you win the funds in Escrow, *and* the arbitration fee back.

Highlighted
Active Member
Waldemar M Member Since: Oct 6, 2018
3 of 20

I am just a poor man 291 USD is too expensive for me and the amount dispute is just a little over 100 USD (Total charge: 140.00, Total cost: 126.00) added the fact that the client is sending me a private message that threatens me that he will continue it to arbitration if I do not give up the dispute Smiley Happy

Highlighted
Community Guru
Petra R Member Since: Aug 3, 2011
4 of 20

Waldemar M wrote:

the client is sending me a private message that threatens me that he will continue it to arbitration if I do not give up the dispute Smiley Happy


He is only doing that because he knows perfectly well that he will not go to arbitration so he is trying to bully you to drop out..

Highlighted
Active Member
Waldemar M Member Since: Oct 6, 2018
5 of 20

His exact words are "I will initiate arbitration etc. etc." then he is giving me 12 hours for me to give up if not he will initiate the arbitration. Well, I know that he will get his funds back and I will get nothing except if Upwork will offer me some courtesy credits. However, what I am pointing out here is Upwork should have better protection for us, freelancers, especially the top-rated ones. Those kind of decisions (the screenshot that I showed) is clearly only in favor of clients. I have been working here in Upwork for quite a while now and it is my first time to experience such a client that will abruptly end the contract without even trying to negotiate on the errors (if I have) Right now he got the work for free and my 1 month of labor was completely wasted. Thanks Smiley Happy

Highlighted
Community Guru
Petra R Member Since: Aug 3, 2011
6 of 20

Waldemar M wrote:

 However, what I am pointing out here is Upwork should have better protection for us, freelancers, 


By doing what?

Highlighted
Active Member
Waldemar M Member Since: Oct 6, 2018
7 of 20

Don't know Ma'am but I guess they must formulate something that will protect freelancers on those kinds of scenarios especially most of the people here does not have the capacity to pay for arbitration then what happens is the client gets the work completely free as the money will be refunded back to them Smiley Happy really unfair Smiley Happy

Highlighted
Community Guru
Varun G Member Since: Dec 11, 2019
8 of 20

Yes, some people can't afford the arbitration fee, but that's not a problem with the system. It's just a problem with people not having enough money in general. Little life tip: you should always have a few thousand lying in a savings account for emergencies. This doesn't necessarily qualify as an emergency, but if you don't have $300 to use on any given day, you're doing it wrong.

More relevant advice: stick to hourly contracts and use the time tracker. Clients can't ever screw you over as long as you use the memos correctly and log enough activity. You're top rated and your rates are affordable, so you shouldn't have too much of an issue convincing clients to go the hourly route.

Highlighted
Active Member
Waldemar M Member Since: Oct 6, 2018
9 of 20

Good advice sir appreciate that, however, there is still no guarantee if a freelancer will push through arbitration, so it only means that it is just a game of cards right there, crossing your fingers that you will win the arbitration.

Highlighted
Community Guru
Varun G Member Since: Dec 11, 2019
10 of 20

Waldemar M wrote:

so it only means that it is just a game of cards right there, crossing your fingers that you will win the arbitration.


I have no experience with arbitration, but since Upwork is paying so much, I presume the external agency they use is competent. If so, it's not a "game of cards". Whoever is genuinely wrong will have the money taken from them. Therefore, don't bother entering arbitration if you're not sure whether or not you're entirely in the right. We don't know the client's side of the story, so we can't discern that for you.

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS