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Dispute Assistance for Fixed Price Jobs

Admin
posted this on May 03, 2009 10:10 pm

 

The vast majority of work on Elance is delivered to the complete satisfaction of both the client and the contractor. On rare occasions, a disagreement can occur between the client and contractor that may require some assistance to resolve. Elance offers three levels of dispute assistance:

  1. Member Resolution – Available on all jobs with payments made through Elance. 
  2. Elance Dispute Assistance – Available on all Elance Escrow jobs. 
  3. Arbitration – Available on all Elance Escrow  jobs.

If your job meets the requirements above and you need dispute assistance, please follow the steps below to resolve your dispute:

Member Resolution

To initiate the dispute resolution process, begin by filling out the online Dispute Notice Form found in the Dispute Resolution Center of your Workroom.  In the Dispute Notice, clearly document the details of the dispute.  If the job is an Escrow job with funds still held in Escrow, please make sure to clarify your request for release or refund of funds held in Escrow.  Once the Dispute Notice is submitted, Elance and the other party will be notified.    

You may initiate the Dispute Resolution process by following the steps below: 
  1. Click on the Home icon from the top navigation bar.
  2. Underneath the job name you wish to cancel, click the Action drop down and select Refund, Cancel or Dispute link.
  3. Click the File a Request button.
  4. Select the option File Dispute and enter all relevant information on the form.

After you’ve submitted the Dispute Notice, the other party is then allowed 2 business days to review and submit their good faith response using the online Dispute Response form. The client and contractor will have the opportunity to respond to each other with the goal of resolving the dispute swiftly and fairly. If there are funds held in escrow and a resolution is reached, the parties can update the Terms to refund or release the disputed funds.  Both parties must agree to the Terms change.       

Elance Dispute Assistance

In the event the client and contractor fail to resolve the dispute through the Member Resolution process, the contractor or client has the right to request Elance Dispute Assistance. 

If there are funds still in Escrow, Elance will contact both parties to arrange a Dispute Assistance call. Elance will facilitate the call with the goal to resolve the dispute. Elance will not make a determination or assess blame. 

Arbitration

If the job is an Escrow job and both Member Resolution and Elance Dispute Assistance do not resolve the dispute, either party will have the right to demand binding non-appearance based arbitration by a third party service chosen by Elance. The fee for arbitration for jobs under $1000 is $299 (reviewed by a single arbitrator) and $599 for jobs over $1000 (reviewed by a panel of arbitrators).  The cost will be shared equally by the two parties and Elance (e.g. $99 per party for single arbitrator, or $199 per party for a panel).   

A final judgment will be made by the arbitrator which must be adhered to by both parties and by Elance regarding the refund or release of funds held in Escrow and any other considerations. 

 

Still have questions? Contact us..

 

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