Upwork slow-walking a dispute

[invocabo]

Hi all, I've been on the platform for 12 years now and just initiated my second dispute.  The client was unreasonable so I asked for arbitration and paid the $291 fee.  It's been five days now and Upwork is telling me they can't initiate the arbitration until they've confirmed my payment.  I shared with them all the details on the day I paid (transaction number, amount, account paid from).

Why would they drag their feet on something like this?  Any experience with it?

[petra_r]

Has the client paid for arbitration as well?

[invocabo]

There has been no mention of his payment in the group conversation.  

[prestonhunter]

Well... If you already offered to pay, and the client has not... Then obviously this is good news for you. If the client NEVER agrees to pay, then it means you will NOT be charged $291 and you will receive ALL of the money in escrow.

So... if "slow-walking" the path toward arbitration means never actually going to arbitration, it's all good for you.

[invocabo]

I didn't offer to pay, I paid.  It's been five days and the Upwork rep says she's "waiting until my payment is verified".

[prestonhunter]

If your payment method was actually charged, then I assume this is something that happened only after the client agreed to pay. I'm sorry to hear that. Maybe you'll be lucky and I'm wrong in assuming that. But it sounds like that $291 is now gone.

I would not be surprised if starting up the official arbitration process and going through the process takes many weeks. That is the sense I get about the process, having read about it in the Forum. (I have never been through arbitration myself.)

[petra_r]

---

Preston H wrote:

If your payment method was actually charged, then I assume this is something that happened only after the client agreed to pay.

---

You assume wrong. That isn't how it works. The freelancer always goes first.

The client then has usually around 5 days to pay. If the client doesn't pay, the OP gets their $291 back.

[invocabo]

It's been 13 days since I paid.  Any suggestions?

[NikolaS]

Hi Jeff,

I shared your report with the team handling your case and one of our agents will follow up with you on your ticket as soon as possible to assist you further. 

[jared_k]

Hey Jeff, let us know the results when you get a chance.

[invocabo]

Upwork notified me today that the client never paid the arbitration fee and therefore my fee will be returned and the escrow released.

Brief recap:  I completed the project and the client became unresponsive.  When I marked the project 'complete', he responded and disputed, offering to release half.  I refused.  Upwork was slow and unhelpful during what should have been mediation.  I requested arbitration and sent my $291.

Upwork took six days to 'confirm' my payment.  At that time the client was given five calendar days to pay.

After five days had elapsed, I requested an update and received none.  After eight days elapsed, I requested an update.  It was not until I returned to the forum here asking for suggestions did I receive a notice that the funds would be released.

This is only my second dispute in 12 years, but I must say that I felt both disputes were poorly handled by Upwork.  Yes, I prevailed in the end, but remember that I've already earned the escrow fee by my previous work, and the additional time investment plus the money investment represents a decreasing ROI on the project work that Upwork should care about protecting.

[prestonhunter]

Jeff:
I don't blame you for feeling that the whole dispute system is... not everything we think it could be or should be. I agree.

But THANK YOU for returning to tell us the rest of the story.

I'm glad that you ended up NOT needing to pay the $291 arbitration fee AND you received all of the money in escrow.

[prestonhunter]

re: "It's been 13 days since I paid.  Any suggestions?"

I suggest that Upwork institute automated notifications to all parties involved in a dispute/arbitration process, to let them know who has paid the arbitration fee.

Furthermore, I suggest that the system automatically abide strictly to Upwork's posted deadlines for paying, responding, etc. And if a deadline is passed without the other party paying the fee, the opportunity to go forward with arbitration is blocked permanently.