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from Dispute to Arbitration: irresponsible and unresponsive Upwork mediator

kfarnell
Community Guru
Kim F Member Since: Aug 26, 2015
11 of 21

'Reading between the lines' etc.

 

@Petra: I realise (am less dense than I might look) but not everyone reading here is as good at between-line reading as they might be... Explicit responses are always worth asking for.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
12 of 21

@Kim F wrote:

'Reading between the lines' etc.

 

@Petra: I realise (am less dense than I might look) but not everyone reading here is as good at between-line reading as they might be... Explicit responses are always worth asking for.


 You don’t look dense at all, and sometimes the policy sensitive company line, with the info between the lines, will have to do Smiley Wink

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
13 of 21

@Valeria K wrote:

 

This was a unique case where the release of funds was delayed because the agent needed to re-confirm the client's response.


For 9 ((NINE)) days over and above the 5 both parties have? Almost twice as long as the deadline on top of the deadline? First giving the client 2 extra days, and then 7 more?

 

And that is fair.... how?

skyjiao
Ace Contributor
Yang J Member Since: Jun 11, 2017
14 of 21

Thank you guys for your help. The case is finally closed with fund released to my account. 

 

I'm very disappointed by Upwork in this case because it has taken way too long than it should have and it wasted a lot of my time. Do we need to raise our concern each time at the forum to draw Upwork's attention? What's the point of custom service's existence? 

 

The mediator of my case is clearly very irresponsible and even became silent at very critical moment but after two chats with two other CS agents, there is no way for me to complain about the mediator's behavior nor ask for another one. And the mediator still remained silient even after I asked both agents to let her get back to me asap. Not mentioned those illegal delays proposed by the mediator to the client without even asking me. It's very irratating. 

 

I hope upwork could conduct some indepth investigation on what happened in this case, especially on that mediator, and establish a standard prototype for each mediator to follow strictly in the future. 5 days means 5, not 9, nor 14. 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
15 of 21

Yang, it's sorted out. You were paid, period.


Stop throwing the "illegal" word about. Maybe a procedural error was made. Nobody robbed a bank or killed a neighbour.

tlbp
Community Guru
Tonya P Member Since: Nov 26, 2015
16 of 21

Oh of course, the word illegal is the wrong choice. In a civil case, the issues would be breach of contract, breach of fiduciary duty, tortious interference, or fraud. We must make sure we use the right words, mustn't we? 

skyjiao
Ace Contributor
Yang J Member Since: Jun 11, 2017
17 of 21

Valerie, 

It was the agent who deduced the 291 USD from my account when I confirm my intention to go through arbitration. If that agent needed more time to re-confirm the procedure to the client again, then she should have waited for client's confirmation to deduce my money. 

 

She deduced my money the 20th Nov, there is absolutely no excuse for her to extend 5 days to 9 days, then to 14 days up to today. If I didn't post on the forum, who knows how long would I still wait.

 

The mediator is clearly violating Upwork's ToS, there is no excuse. Further investigation has to be conduced. I even suspect whether the client offered that mediator extra money outside Upwork. 


@Valeria K wrote:

Kim,

 

This was a unique case where the release of funds was delayed because the agent needed to re-confirm the client's response. It typically doesn't happen and the team replied to Yang with more information. The funds just have been released from Escrow to him.

 

We apologize for the delay.


 

kochubei_valeria
Community Manager
Valeria K Community Manager Member Since: Mar 6, 2014
18 of 21

Yang,

 

I can confirm that there was no money offered by the client to the Upwork agent. This is not something we would allow.

As I noted earlier, we will clarify the process internally and make sure this doesn't happen in the future.

 

Thank you.

~ Valeria
Upwork
petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
19 of 21

@Yang J wrote:

I even suspect whether the client offered that mediator extra money outside Upwork. 



 You are going several steps too far here now... Especially considering it's already solved. That is a serious accusation and you better have some proof before throwing stuff like that out there. Do you?

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
20 of 21

@Vladimir G wrote:

Hi Yang,

 

I reviewed our communication with both parties and can confirm that although our agent didn't take an ortodox approach, allowing any party (freelancers and clients alike) more time in order to confirm they understand the procedure before continuing with the process is in line with our team's procedure, since due to the nature and impact of the final step in the dispute process we do want to make the implications of the users' actions or lack of absolutely clear. Our agents do offer personalized support and are allowed to take an additional step if they find it necessary in order to ensure both parties are aware of the key terms and dates. Our team will follow up with an update on your ticket soon and share more details directly, apologies for the inconvenience the delay in releasing the Escrow funds has created on your end.


 Vlad, this sounds like something you'd better check out with the legal team. Escrow is heavily rule-bound, and a freelancer who posted his $291 in reliance on the stated policy and ended up losing it because the client received extended time based on an internal policy not a part of the escrow contract (or vice versa) would likely have a valid claim for damages against the escrow agent.

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