I have a question about the dispute

[ismailbangee]

Hello Every one

I have three questions.

1) I got 2 payments from client 

first released on Jun 19

second released on Nov 12

dispute is created by client on December 4. 

Is this case eligible for dispute ?

“Dispute Assistance Deadline” means the date 30 days after the Client was billed for the last

https://www.upwork.com/legal#fp 

2) Client have not deposited the amount in escrow for third milestone which i have already completed. Instead of that 3rd milestone client is asking for refund of first 2 milestones. 

How can i claim third milestone amount?

3) If i am not satisfied with the mediator then to whom i can contact? 

Looking forward to your reply.

Thank you

[petra_r]

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Ismail S wrote:

Hello Every one

I have three questions.

1) I got 2 payments from client 

first released on Jun 19

second released on Nov 12

dispute is created by client on December 4. 

Is this case eligible for dispute ?

---

When was the second milestone funded (NOT released, *funded*) If after November 4rth, yes, the case is eligible for dispute

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Ismail S wrote:

2) Client have not deposited the amount in escrow for third milestone which i have already completed. Instead of that 3rd milestone client is asking for refund of first 2 milestones. 

How can i claim third milestone amount?

---

You can't. If it wasn't funded, you can't claim it or dispute it.

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Ismail S wrote:

3) If i am not satisfied with the mediator then to whom i can contact? 

---

Nobody. The mediator can not decide the dispute anyway, they can only make a non-binding suggestion. If you and the client do not come to an agreement, you have to go to arbitration (at a cost of $ 291 each.)

[ismailbangee]

Hello Petra 

Thanks for your very helpful reply.

Second milestone was "funded" on july 4 so it means this also not considered for dispute right?

can you please give me link where this point is written so i can show to mediator.

When was the second milestone funded (NOT released, *funded*) If after November 4rth, yes, the case is eligible for dispute

Mediators should aware about these points right?

[petra_r]

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Ismail S wrote:

Second milestone was "funded" on july 4 so it means this also not considered for dispute right?

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And nothing was funded afterwards?

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Ismail S wrote:

can you please give me link where this point is written so i can show to mediator.

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Sure, see  6.1, point 6 here:

6.1 DEFINITIONS AND KEY DATES

1. “Arbitration” means binding non-appearance based Arbitration by a neutral third party as described in Section 6.
2. “Arbitration Payment” means Client’s or Freelancer’s applicable portion of the costs of Arbitration as more particularly described in this Section 6.
3. “Arbitration Limitations Date” means the date 30 days after the date a Dispute is filed via the Site or via support ticket with Upwork.
4. "Contract Room" means the contract room on the Site for the particular Fixed-Price Contract, including the contract terms, messages and files, and milestones and payments.
5. “Dispute” means a dispute between a Client and Freelancer concerning a Fixed-Price Contract and covered by this Dispute Assistance Program.
6. “Dispute Assistance Deadline” means the date 30 days after the Client was billed for the last milestone.
7. “Dispute Assistance Program” means the Dispute assistance program set forth in this Section 6.
8. “Upwork Dispute Assistance” means the Dispute assistance provided by Upwork as set forth in this Section 6.

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Ismail S wrote:

Mediators should aware about these points right?

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Of course they should be and I'd be horrified if they were not.

What seems to be happening here is non-binding "mediation" rather than "a dispute" as the dispute deadline has passed months ago. (provided the client did not fund anything further under that contract later.)

You are therefor in a position to simply state that you are sorry the client is not happy, but the work was delivered and accepted by the client months ago, and you are not going to refund any of the money paid. The Dispute deadline expired in August, so a dispute is not possible.

According to Upwork's legal pages, Fixed Price Escrow Instructions, Section 6.1, point 6 the dispute deadline has long expired.

Then stick to your guns and keep refering to Upwork's Fixed Price Escrow Instructions, Section 6.1, point 6.

[ismailbangee]

Hello Petra

Yes nothing is funded after second milestone i.e after july 4th.

Thank you very much Petra for guiding me. It is very helpful answer for me.

Thank you