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mammapata
Community Member

I'm disappointed by the mediation of Upwork

Dear colleagues,


I opened my first dispute here on Upwork because I have an open contract with a difficult customer. I've been asked for changes for months and I've done them, but the customer is never satisfied, the release of funds has already been denied to me twice and it has been three months since the start of the contract.


After opening the dispute with my client I was advised by the mediation specialist to continue making the changes that are required of me.
Honestly, I've been making changes for months for this client, who behaved unprofessionally throughout the process and finally denied the funds.

 

I find it shameful that my dispute ends with "do what the customer wants", so I understand that the worker here on Upwork is not protected, every customer can take the freedom to "play" with people, lose time and following his whims can take back the money getting free work.


What do you think? Do you have similar experiences to share? Maybe some suggestions?

Thank you!

 

ACCEPTED SOLUTION
yield9
Community Member

So sorry to hear about your experience, Emy F.  I haven't personally had this kind of problem yet, but I haven't sourced many jobs through Upwork yet.  The clients I have worked with paid promptly and were good to work for.  

 

My background in procurement law has taught me one important fact: Make sure all limits are in writing when you first agree to contract terms.  I do voice over work and copywriting/editing.  When I take on a job, I specify in the earliest communications that I offer ONE free revision based on their initial feedback only.  If they want more revisions after that, they pay for each one, and I specify either an hourly rate or a fixed price (depending on the type of project).  The SOW (scope of work) must be crystal clear so both you and the client know what the expectations are and exactly what the deliverables will be.  Specify all limits for everything before you accept the contract.  

 

Honest clients who have any business sense will have no problem agreeing to these terms - this protects everyone.  Dishonest clients that were planning on fishing you along with what amounts to endless 'free' work will freak out, claim you are dishonest and scurry away like cockroaches.  Which means that you win either way!

 

If you ensure your contractual stance is solid from the beginning, then Upwork will see that you have abided by the terms of your agreement and that the client is at fault.  

In your case, I guess that you need to cut your losses at some point and just walk away, taking the negative hit.

 

I wish you all the best in your current battle!

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40 REPLIES 40

Then there's the second part. The mediator writes to the client:
"Since this contract is still active, you have the option to continue the job with your freelancer. However, let me remind you that only 1 mediation assistance is available per contract. Should a problem arise, the case will automatically be recommended for arbitration which is a legally binding ruling and will cost each party $291."

Indisputable, the mediator is only doing his job according to the rules, but to me, it sounds as much like "You have this option, but if you do there are risks (so think carefully before you do)".


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