Dispute Mediation Deadline:

marcins_ · ‎08-01-2021

Hello,

In the TOS is written :

Dispute Mediation Deadline: Dispute Mediation must be initiated within 30 calendar days of the date that funds in Escrow have been released to the Freelancer in order to be eligible for the Dispute Assistance Program under this Section 6.2. Any dispute over funds that have been released from Escrow more than 30 days prior to the date the dispute is filed is no longer eligible for submission to the Dispute Assistance Program.

Can you tell me from which date we count 30 days period ? It is written ,that of the date that funds in escrow have been released to the Freelancer - so it means that released by the client or actually appear on the freelancer account ? As it takes 5 days from releasing money to appear on the account.

I opened a ticket to get information, but no one is answering ... Please , help

Thank you !

petra_r · ‎08-01-2021

Marcin S wrote:

In the TOS is written :
Dispute Mediation Deadline: Dispute Mediation must be initiated within 30 calendar days of the date that funds in Escrow have been released to the Freelancer in order to be eligible for the Dispute Assistance Program under this Section 6.2. Any dispute over funds that have been released from Escrow more than 30 days prior to the date the dispute is filed is no longer eligible for submission to the Dispute Assistance Program.
Can you tell me from which date we count 30 days period ?

It is the date the money moves to Pending. AKA "Invoice date". This is the date the client either released the milestone, or it was automatically released 14 days after the freelancer submitted it.

Bear in mind that this is only of any interest if there is no money in escrow.

marcins_ · ‎08-01-2021

Hello Petra,

Thank you very much for this clarification .

I have a problem , as my client opened a dispute regarding refund of the paid milestones.

I was expalaing to the mediator , that 30 days period passed and dispute is illegal . I have attached the invoice . He did not agree with me claiming you should count the 30 days period from the moment money moved from pending and land on my account . He wrote me that :

,,Please note that the TOS has specifically indicated that a contract is eligible for mediation 30 calendar days of the date that funds in Escrow have been released to the Freelancer and that should be based on the actual date that the amount was released to you. Hence, should be based on the Transaction and not the invoice. "

I also asked , what does it means funds in escrow have been released and why he denies is the date when money moves to pending .

He said also :Funds in Escrow have been released - means that the money in escrow is available to your account.

I was threatened that if i don't take part in arbitration ,my account will be suspended.

But the fact is the dispute , started illegal . What can I do ? Where to write ?

Thank you

petra_r · ‎08-01-2021

That is very odd. It was always the invoice date. When the wording was changed we were assured that nothing had changed, that it had only been worded more clearly but maybe they indeed sneakily made the dispute deadline 35 days rather than the previous 30?

Or the mediator made a mistake? Ask for it to be excalated because the dispute deadline must surely be clear and not in any way misunderstandable?

Surely released is when the funds are "RELEASED FROM ESCROW"

Even the mediator uses the term "released from escrow" - and also says "the date of the transaction" and the date of the transaction is the invoice date.

marcins_ · ‎08-01-2021

Thank you very much . How can I ask to be excalated ?

I am sure mediator made a mistake , but he doesn't want to admit it .

Can you tell me what to do in that case ?

I feel like being treated unfair

marcins_ · ‎08-01-2021

I filed a dispute on 29th of July 2021., but since then, no one is responding

I have received no message and any answer from the agent.

I need help asap . Please , can you help and advice what to do ?

Thanks

marcins_ · ‎08-01-2021

Hello,

In the TOS is written :

Dispute Mediation Deadline: Dispute Mediation must be initiated within 30 calendar days of the date that funds in Escrow have been released to the Freelancer in order to be eligible for the Dispute Assistance Program under this Section 6.2. Any dispute over funds that have been released from Escrow more than 30 days prior to the date the dispute is filed is no longer eligible for submission to the Dispute Assistance Program.

My client initiated a dispute after 30 days and mediator agreed on that .

As I know, we count the 30 days period from the date on the invoice - from the day client released money, not from the day, that after ,,pending" they appear on the account .

The funds were released on the 9th of June , dispute started at 13 th of July.

Can you help me with that ? What can I do ?

Thank you

.

LuiggiR · ‎08-01-2021

Hi Marcin,

I'm sorry to hear how you feel and how this has inconvenienced you. Just for reference, I merged your other posts to this thread so we can keep everything in one place. I've advised the team about your situation and they'll be following up with you via a support ticket.

~ Luiggi

petra_r · ‎08-01-2021

Luiggi R wrote:
I've advised the team about your situation and they'll be following up with you via a support ticket.

I would still appreciate if it could be clarified which date applies. If it is now 30 days after the funds move to "available", then Upwork have increased the dispute deadline by 5 days.

Which is it? Shouldn't the ToS be clear about this?

marcins_ · ‎08-02-2021

Hello Luiggi,

Thank you very much .

I would appreciate if it could be clarified which date applies to the 30 days period .

If it is the invoice date and from that date we count 30 days period or now 30 days is after the funds move to "available",

Thank you ,

VladimirG · ‎08-02-2021

Hi Marcin,

I'm sorry about the outcome of your contract. I'd like to try and address a few concerns you raised in your posts on this thread without sharing any specific details of the case.

1. I checked and can confirm your client contacted us with their request for dispute assistance within the 30-day time frame for initiating a dispute.

2. The 30-day time frame begins when the payment is successfully processed and released to the freelancer. You can check the date on your invoice for reference.

3. I understand that part of the confusion comes from the fact that you've been contacted by our Mediation Team after the dispute has been already initiated but would like to clarify that this is expected. The Mediation Team has 30 days from when the dispute was made to offer assistance and mediate. The dispute team may also sometimes need additional time communicating with one party before the other party is brought in.

4. In regards to the dispute request you submitted, I'd like to advise you to refer to the conversation with our Mediation Team that predates your request.

5. In regards to not receiving a response to the dispute request you submitted, please note these requests are processed by Upwork within four business days.

6. I do recognize that you've in part received unclear information in a couple of responses on your support tickets in regards to the dispute time frame. We'll follow up with our agents to ensure we provide a better experience moving forward.

We can't discuss dispute cases in the Community and I'd strongly suggest following up on the conversation with our Mediation Team on your main support ticket. I'll ask our team to follow up on it with an update but please do check your support ticket for the status and details of the dispute case.

~ Vladimir

petra_r · ‎08-02-2021

Vladimir G wrote:
2. The 30-day time frame begins when the payment is successfully processed and released to the freelancer. You can check the date on your invoice for reference.

2. So, in other words: The 30 days start when the funds leave escrow, not when they become available to withdraw as Marcin has been told. That (when funds leave escrow) is the date on the Invoice.

Vladimir G wrote:
6. I do recognize that you've in part received unclear information .

That's a bit of a euphemism... 😉

That said, may I suggest that the ToS are reworded so it is clear, because as it is worded at the moment, it could be misinterpreted as clearly happened in this care,

marcins_ · ‎08-04-2021

Hi Petra,

My mediator is still saying ,it is the date that funds moved from "pending " and become avaiable to withdraw.

He even asked me to clarify the term " invoice " with the community manager , because I could misundertood that .

I am totally confused and I just want to have a clear answer , also for other freelancers.

I have an invoice,date on it and now I got even information I maybe understand wrong the word "invoice ".

I feel unfair , cause I am getting an answer here that we count the 30 days period from the invoice date and later I hear from mediator is the date when money started to become avaiable to withdraw

marcins_ · ‎08-03-2021

Hello Vladimir ,

Thank you very much for information .

I am contacting here , cause my mediator keeps telling me wrong information about the deadline . Dispute was initiated not in the 30 days period .

What I want to say is :

1. Client contacted you on the 13 th of July - I have clearly information about that , as I can see all discussion - I can provide proof for , sharing the conversation.

2. As you write it is the date on the invoice - the date on the invoice is 9th of June.

My mediator wrote

**Edited for Community Guidelines**

So , i was informed not one but few times it is the date when money moved from pending , which is wrong information.

Also he wrote :

**Edited for Community Guidelines**

Also

**Edited for Community Guidelines**

Once again - Client contacted you on the 13 th of June , money were released on the 9th of July- i have invoice and this is clear. Money moved from pending 5 days later - 14 th of July.

Here I am clearly informed ,that we count 30days period from the date on the invoice, so why mediator is keep telling is it the date from which money moved from pending and why the dispute has started ?

Now I am informed that if

**Edited for Community Guidelines**

All dispute was intitated not in the 30 days period and I am now threatened that my account will be suspened. I feel like this is unfair.

Can you help in that ?

Thank you

petra_r · ‎08-03-2021

Marcin, Vladimir says that your client contacted Upwork to request a dispute before the 30 days were up. The official dispute started (according to Vladimir) afterwards, but the deadline was (according to Vladimir) met as it's the date when the client contacted Upwork to request dispute mediation, which does not start the dispute immediately.

marcins_ · ‎08-03-2021

Hello Petra,

I see exactly when the client started the converstation and contacted the Upwork - as a person involved in the dispute I can see all converstaion with the support that started before the dispute with mediator.

It was on the 13th of July . On this day client wrote to the support.

Then Mediator wrote to us on the 21st of July.

Even mediator has written :

**Edited for Community Guidelines**

VladimirG · ‎08-03-2021

Hi Marcin,

I really can't discuss case specifics in the Community forums but can confirm that you can locate the invoice date for this transaction by going to your Transaction History. I won't be able to continue this discussion and would kindly ask you refer to your main support ticket. Thank you for your understanding.

~ Vladimir

marcins_ · ‎08-03-2021

Hello Vladimir,

Thank you and I understand.

The problem is I have opened the ticket on the 29th of July and I still haven't received the answer.

I have checked the invoice date . My mediator said we count 30 days period not from the invoice date, what is wrong .

The problem is i was said that my account will be suspended if i do pay the arbitration fee till today -2nd of August, but I don't want to do it before my case will be solved as I know the dispute was initiated after 30 days and it is against Upwork TOS.

I am looking for help and equitable solution .

Thank you

marcins_ · ‎08-04-2021

Hello Vladimir ,

My support ticket was closed without any response, I am still confused from which date we should count 30 days period.

On the community I got response that it is the date from the invoice ,so it means the date when the funds were released from escrow , not moved from "pending "

I have asked few times mediator about the deadline and I also wrote , that you infomed me that is the date from the invoice. He respond that I could misunderstood the Community Manager's response.

He asked me to clarify with you the term "invoice " .

Please can you clarify - it is the date that funds were relased from escrow or the date funds moved from "pending "

Thank you

petra_r · ‎08-04-2021

Marcin S wrote:

Please can you clarify - it is the date that funds were relased from escrow or the date funds moved from "pending "

Vladimir has already clarified it. It is the date the milestone leaves Escrow and goes INTO Pending. This is the date on the invoice. There is only one invoice for any given milestone. The date on THAT invoice is where the 30 days start, as confirmed by Vladimir.

This has always been the case.

That said, Vladimir also said that he has checked and that the client contacted Upwork before that deadline to initiate a dispute.

marcins_ · ‎08-04-2021

My mediator doesn't want to admit he made mistake :

He keeps teeling is the date when money become avaiable to withdraw 😞

Client contacted the support on the 13th of July , invoice is from 9th of June.

I have access to the conversation with the support,when the client contacted them first... I have an invoice...

No one wants to admit they made mistake and this is unfair. Now my account is suspended because of the mistake and dispute that should not be initiated.

VladimirG · ‎08-04-2021

Hi Marcin,

Unfortunately I'll need to close this thread for further response, please do refer to your main support ticket for details about the outcome of your dispute. I do regret ending a conversation in this way, in part due to the way it can be perceived by other users that are new to the Community or are looking for information about other users' dispute experience, but we are not allowed to discuss specific case details in the forums. I do hope you resolve your account hold soon but would like to ask you not to continue posting the same information in the Community, since that would be a violation of our Community Guidelines. Thank you.

~ Vladimir