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Has anyone dealt with the Upwork mediation team when it comes to settling an arbitration case?

motoyen
Active Member
Anthony J Member Since: Jun 9, 2020
1 of 14

I recently when through the AAA arbitration which was ruled in my favour 5 days ago. Since then I've recieved nothing but the run around from the Upwork mediation team about when I am going to recieve my money. Seems like they all have no clue what they are doing and can't commit to a specific update on my dispute. 

 

Has anyone else dealt with this team and were you able to receive your funds? 

andregutierrez22
Moderator
Andrea G Moderator Member Since: Jul 7, 2020
2 of 14

Hi Anthony,

 

I'm sorry to hear you had a bad experience with a contract that resulted in Arbitration. I checked and can see your concern has been escalated. I can assure you our team is reviewing the situation and you can expect to receive an update today via support ticket. Please continue to communicate with our team via support ticket as they are the ones who can best assist you.

 

~Andrea
Upwork
wlyonsatl
Community Guru
Will L Member Since: Jul 9, 2015
3 of 14

Anthony J., Please come back to the board to tell us how this eventually worked out for you. Thanks.

 

motoyen
Active Member
Anthony J Member Since: Jun 9, 2020
4 of 14

To update this. We went to arbitration and the judgement was in my favour. The client then decided to be sneaky and filed a dispute with his credit card company. Upwork has paid me per the terms of the arbitration but it took over a week of contstant emails to them for me to receive my payment. 

 

The Upwork mediators were pretty useless and anyone going through this process I would advise just go straight to arbitration. The mediators don't really mediate but rather just copy and paste message back and forth between the two parties. I suspect they are just out sourced call center workers who don't recieve any actual mediation training. 

 

In the end I'm glad I recieved my money as I knew I was in the right but overall it was quite the hassle. 

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
5 of 14

Anthony J wrote:

To update this. We went to arbitration and the judgement was in my favour. The client then decided to be sneaky and filed a dispute with his credit card company. Upwork has paid me per the terms of the arbitration but it took over a week of contstant emails to them for me to receive my payment. 

 

The Upwork mediators were pretty useless and anyone going through this process I would advise just go straight to arbitration. The mediators don't really mediate but rather just copy and paste message back and forth between the two parties. I suspect they are just out sourced call center workers who don't recieve any actual mediation training. 

 

In the end I'm glad I recieved my money as I knew I was in the right but overall it was quite the hassle. 


____________________

Glad you received your money, but the Upwork mediators are not there to arbitrate, which is why you went further. All the mediators do (and if you read all the Tos this will be confirmed) is to try and reconcile freelancer and client. If this doesn't work, arbitration is the next step. The arbitrators are outside Upwork's jurisdiction and are called in to judge the issue.  Upwork has no say over the ultimate decision. 

 

 

motoyen
Active Member
Anthony J Member Since: Jun 9, 2020
6 of 14

Yes, obviously. You've just stated exactly what I said happened. 

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
7 of 14

Anthony J wrote:

Yes, obviously. You've just stated exactly what I said happened. 


__________________

Actually, I did not.  You are  ranting against complaining about the mediators. Their role in these situations is limited. So to accuse them of being useless in this situation, especially when arbitration went in your favor, is uncalled for.  They cannot interfere either with chargebacks or attempted chargebacks. 

 

motoyen
Active Member
Anthony J Member Since: Jun 9, 2020
8 of 14

kthnxbye! 

wlyonsatl
Community Guru
Will L Member Since: Jul 9, 2015
9 of 14

Anthony J.,

 

Thanks for coming back to the board to let us know this worked out for you. I'm glad to hear it worked out for you.

 

We have been told Upwork doesn't allow disputes about lower value projects to go to arbitration.

 

What are my chances of winning a third-party ... - Page 2 - Upwork Community

 

Considering that it costs Upwork the same amount as both client and freelancer have to pay for arbitration, it's no wonder that Upwork won't pay out an amount of money for arbitration when that amount is well above what Upworks fees are on a project.

 

I assume mediators are making binding decisions when it comes to resolving disputes and divvying up funds in escrow. We have had many people tell us this is not possible...

 

The client is harassing and bullying me onlin... - Upwork Community

 

...but there really isn't another option, other than mediators making no decisions at all and also not allowing disputes to go to arbitration.

 

 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
10 of 14

No matter what a person believes Upwork SHOULD DO... an Upwork user can only become more effective and powerful in achieving his goals if he knows what Upwork ACTUALLY does.

 

It is very useful to hear first hand accounts of users' experiences with mediation and arbitration.

 

A lot of wasted time and expense would be avoided if Upwork users - especially clients - were familiar with these details before they began using the platform.

 

So many times we read about clients who thought that mediation and/or arbitration would make everything all right if they hit a snag. But that's not how it works.

 

I wish that every Upwork client knew that mediation doesn't have the power to grant them their wishes. Mediation does not mean that Upwork will look at evidence and decide who gets money. And I wish that every client knew that arbitration rarely decides in favor of the client.

 

Understanding these facts is why I think disputes, mediation and arbitration are overwhelmingly tools that make sense only for FREELANCERS to use. The most important tool for clients to use is firing people (closing contracts). If I don't like working with a freelancer.... I don't need to "file a dispute" (a toothless procedure) or pay $291 to take part in a proceeding I will likely lose when all I need to do is click a button to release escrow and end a contract... an action that a freelancer has no way to counteract or appeal.

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