**Mediation & Disputes Directory

As of October 2023, clients will be required to initiate disputes for FP contracts in-product. We will no longer accept disputes from clients for FP contracts on active contracts escalated through CS. What this means for clients:

• If a CL reaches out with an active FP contract looking to receive a refund for funds still in escrow, please walk them through closing the contract and going through the in-product dispute process
• If a CL reaches out with an active FP contract wanting to dispute funds already released, if the funds were released within the last 30 days (or, 7 days for Direct Contracts), this can be sent to Mediation within ZD. Please walk them through closing out the contract FIRST, then see the “Agent-Initiated Mediation Support” drop-down for how to send the ticket to Mediation.
• If a CL reaches out with an closed FP contract wanting to dispute funds already released, if the funds were released within the last 30 days (or, 7 days for Direct Contracts), this can be sent to Mediation within ZD. See the “Agent-Initiated Mediation Support” drop-down for how to send the ticket to Mediation.

For freelancers, though, as they do not have an in-product dispute feature today for FP contracts, we will have exceptions for them in an active contract scenario:

If a FL reaches out with an active FP contract wanting to dispute, we will make an exception for them in the following scenarios:

• The CL is refusing to release a milestone payment (this happens if the CL continually requests changes using the in-product feature and sending the work back to the FL for edits)
• The CL released a partial milestone payment and applied the remainder in Escrow for a future milestone

Important - bonuses, expense, and miscellaneous payments are not eligible for mediation.

How it works for FP contracts

Customer-facing:

A client may end a FP contract and request a return of the funds in escrow. 

The freelancer has 7 calendar days to accept/reject that request. 

Three scenarios can occur at this point:

• The request is accepted by the FL - escrow is refunded to the client
• The FL fails to respond in-product within 7 days - escrow is refunded to the client
• The request is rejected by the FL - a formal FP dispute is created

Important - Once a client has requested a refund via the platform we must wait for the request to lapse (7 days for FL to respond). We have no way of releasing those funds until the FL has responded or the 7 days have lapsed.

Dispute agent-facing:

1. Dispute Specialist reviews case and determines eligibility
2. Initiates case and notifies both parties
3. If customers respond, the specialist will work with both parties to help them come to a mutual resolution; mediation can take up to 30 days
4. Agent will send a final notice (reminder) that the case will be closed if they receive no response within 5 days and funds in escrow will be released to the participating party

Arbitration for FP contracts:

When mediation efforts have been exhausted, arbitration may be offered to the client and freelancer. Arbitration is currently provided by Brief, who is a neutral third-party to the dispute. The arbitration fee ($675.00) is split equally between the client and freelancer. 

A dispute is eligible for arbitration if:

1.  There are funds held in escrow; or

2.  There are no funds in escrow, but the last payment was released within 30 days

Brief provides a legally-binding ruling regarding the funds released and/or 

held during a contract. Upwork will execute the award provided by Brief, on-platform, to the extent of our ability. See the Upwork Fixed Price Escrow Instructions for more details.

Below are the scenarios to escalate to Hourly Jobs Abuse queue:

• Use of Auto Clicker: Possibility of the Freelancer logging artificial hours on the contract. This can be detected by looking at the keyboard and mouse clicks on the Work Diary. 

• Excessive Hours Logged: Freelancer bills excessive hours on the contract weekly(EX: FL billing over 100 hours a week)

• Billing unauthorized hours:

• • Freelancer bills hours without the approval or authorization of the client. Freelancer behavior includes limited communicates with the client but continues billing time. 
  • Unauthorized hours can be manual or regular tracking

• Logging non-work related hours: If the FL is working on another contract while tracking time, looking at movies, or manipulating the keyboard in any way to keep the tracker active

What is the direction for the agent if the client has been billed for unauthorized hours and it is also within hourly mediation window (30 days of last payment date)?

If it's within the 30 day window agent should still send the ticket to the hourly job abuse queue for review. Agent should add Internal notes that it was escalated so that the dispute agent is aware.

Eligibility:  Last Payment made within 30 days

Current Queues to Escalate for Mediation. Please make sure to route your tickets properly. If you have any questions about this, please reach out to the Dispute Slack Channel.

The following queues are monitored by the Mediation Team:

• Mediation_Tier_1_CX420
• HV Mediation Tier 1
• Catalog_Mediation_CX420 
• Dispute_Enterprise_CX420
  
  

*** Please do not route tickets to Mediation T2

Eligibility:   Escrow Payments were released in the last 7 days (only Direct Contracts)

• Mediation_ Direct_Contracts_CX420 - use for Direct Contracts disputes

Additional Information to Note: 

The following type of users are routed to HV Mediation:

• Client: VSB +, SB, MM, LB
• Freelancer: Top Rated/Top Rated Plus

All Project Catalog mediation concerns should be routed to Catalog_Mediation_CX420.

Add the following internal notes when forwarding the ticket: 

• Quick summary of the issue
• OBO profile link
• Contract ID number

High Value users look like this in BOBO:

Mediation Support is only available on contracts with payments issued in the last 30 days OR if there are currently funds held in escrow (bonus payments do not qualify). Any cases that are not eligible for Mediation that get sent to Mediation queue will be sent back to the CS agent. 

If the issue cannot be resolved in 1 or 2 contacts OR both the FL and CL need to be contacted for a resolution, view the map below.

How to Initiate Mediation Support

Other Options:

For Freelancer:

• Offer to reach out to Client on their behalf - see **Request to Contact a Freelancer/Client on Behalf of a Client/Freelancer for steps
• Make sure they are aware how they are protected under Hourly and Fixed-Price contracts

For Client:

• See “Client Contract Issues Best Practices” dropdown

Screenshots of ZD Steps per Map:

1. Leave the Brand showing "Upwork Help Center", update Assignee to "Mediation - Tier I", and change Form to "Dispute Ticket Form - Escalate from CS " as shown in the screenshot below.
   
2. A New field called Dispute Ticket Process is required and must contain the value Escalate to Mediation (see image above)
3. Fill in the Dispute Ticket Form info based on your FL/CL situation selecting Dispute Type from the drop-down and checking off the Dispute Reasons underneath:
   
4. Below that, fill in the starred areas for Contract ID, Client Username, and FL Username:
   
5. Below that, make sure “No further task” is selected under the Task to Accomplish drop-down:
   
6. Lastly, after adding Internal Notes, save the ticket as OPEN.

Eligibility: Payments released more than 30 days ago

Team is also referred to as “Customer Experience Specialist”

Concerns:

• If the last payment is 31-60 days ago (31-90, if HV CL or FL) 
• UIR related inquiries

Queue: 

• Client Retention Tier 2

Other Concerns:

• Freelancer/Client following up with Hourly In Product Dispute
  Queue: Client Retention Tier 2

• Auto Clicker Escalations
  Queue: Hourly Job Abuse Queue

• Unauthorized billing Escalations
  Queue: Hourly Job Abuse Queue
  

• NDF (​​Freelancer’s who have been determined as NDF by RM) Check KB Article on FL Suspensions here  - IRM escalations directory drop-down
  Queue: Client Retention - NDF Daily

When escalating to the Client Retention Team, always leave the following notes in the Internal Note section of the ticket:

• ​​Quick summary of the issue
• OBO profile link
• Contract ID number
• Any RT link that is related to the issue

• Manual Time - CL reports no work done in manually logged hours
• Unauthorized Hours - FL logs hours that aren’t agreed upon
• Excessive Hours - FL logs more hours than agreed upon
• Non-Work Related Hours - FL doing personal activities / working on another job during logged hours
• Fraudulent Activity - “FL hacked my website” / FL refusing delivery of work without further payment
• Contractor Unresponsive - CL reports they haven’t heard from FL in some period of time
• No Deliverable / Performance -
  • CL hasn’t received any work from FL, but has/hasn’t paid
  • FL hasn’t started job & is unresponsive
• Poor Deliverable / Performance -
  • CL unhappy with work delivered
  • FL misrepresented skills
• Missed Deadlines - FL hasn’t delivered a part or all of the work by an agreed upon deadline
• Poor Communication Skills
  • Communication from FL is sporadic
  • FL’s language skills are poor or not as described in profile
• Missed Deadlines - FL has missed deadlines for project delivery on at least one occasion
• Abusive Communication* - CL reports communication involving cursing, offensive speech, etc. ***If this is the ONLY problem, route to CE (Content_Engagement_Tier_1_TS425). If ANY other Final Determinations apply, please route to either Mediation or HV Mediation depending on client status, freelancer status or value of dispute***

The Mediation team will reach out to both users through email only.  The team reaches out within 3-5 business days. If the volume of tickets is high, sometimes it takes longer. 

During the Mediation process,  suggestions will be provided to both parties if they are unable to come to an agreement.

• If user asks “What if we don’t agree with Upwork’s recommendation?”
  
  

  • For an Hourly Contract:
  • Dispute assistance is available for up to 30 days, or until Mediation has become exhausted where then users may pursue the issue outside of Upwork, if they wish
    
    
  • For a Fixed-Price Contract: 
  • Users have the ability to file for arbitration within 30 days of the start of Mediation/Disputes. A legally binding ruling will be provided which Upwork will implement during the case.

Important: These are suggestions and the map should be followed top to bottom. Some clients may need all of these and others may only need one.

Process Map

Section 1

Section 2

Hourly Contracts:

• FLs use the Upwork Desktop App to track their hours which take random screenshots automatically throughout their shift and input them into the Work Diary
• CL is then automatically charged the following Monday where they have until Friday to review the FL’s work in the Work Diary
• There is a “dispute” button available if they want to dispute any hours during that week

Fixed-Price Contracts:

• CL sets up agreed upon milestones in the contract and CL puts funds in a milestone to “activate” it where they will sit in escrow until the work is complete
• Once FL completes a milestone, they submit work in the contract and the CL has 14 days to review work and choose “request changes” or “accept”

Section 3

The CL is still responsible for interviewing and choosing their top candidate.

• Send CL this link: https://upworktalentservices.youcanbook.me/ 
  • • Password: Marketplace (Case sensitive) 
• CL will choose an appointment, fill in the form, and someone from Talent Services will call them and offer their SUPPORT in finding a new FL.
  
  
  • Note: The Talent Services team no longer assists clients with the need to hire under the legal category since Upwork is not a registered attorney referral service agency.
    
    
  • Also, should the client prefer to communicate via email instead, the agents are welcome to complete our internal form on behalf of the client (form is for internal team's use only). The Talent Specialist will connect with the client via email within 24 business hours.

• With Talent Services, they’ll receive “best practice” tips for interviewing and a list of 3-5 top FLs from the list of FLs that applied for the job
  
  

Section 4

See the Make a Hire section for multiple articles that can assist a client. Depending on the job they are looking to hire for, this Hiring Guide could also be helpful. If applicable, can be linked directly to the user. Best practices:

• Advanced search helps to narrow down results.
• Client should be sure to INTERVIEW FL and check out their profile page for:
  • Other CL feedback
  • Portfolio of work and certificates
  • Work and Upwork experience

 When using ask-Disputes, please use the “Ask Disputes Form”. It’s found when you click the plus (+) icon on the bottom left of the ask-Disputes channel

These are a list of the most common general FAQs regarding Disputes/Mediation.

Once the freelancer accepts the dispute, the funds are auto-refunded. When should this refund reflect on the clients financial activity page? Instantaneously?

Correct, this should appear Instantaneously when the freelancer accepts the dispute. This should appear under the pending transactions, and it will usually appear right next to the original transaction.

The original transaction does not disappear. A new transaction type will appear with the title "Refund"

If the freelancer rejects the dispute we review the time. How long should the client wait for the decision?

We can now say that all disputes will be resolved within 3-4 business days.

When to enter manual dispute?

We should very rarely offer to do this. We should adhere to our policy even if the client is upset or may be expected to make exceptions for everyone. We should only consider a manual dispute when we're contacted immediately after the dispute period (less than one day/friday). Occasionally, it will be considered if:

• All (or majority) of the time is offline
• Very obvious abuse Fraud related > Hacking or identity theft etc.

What information should I obtain from the client before passing it on?

If on a live chat or phone call with the client, please ask for 1) the name of the freelancer and 2) the assignment number they are having a problem with. Include a short summary of the issue. If a ticket is submitted, please respond and ask for this information first. Then be sure to assess whether the problem with this freelancer can be resolved in 1 contact or by having the client file an in-product dispute. Escalate to the proper queue after this assessment.

Should I check while talking to the client to see if he or she can file a dispute claim still?

Yes, please first check to see if filing an in-product dispute is possible. If so, please send the client instructions on how to do so.

Should I reassign the ticket to the team or to a specific person on that team?

Always reassign to the Mediation group, in general. A specific team member will claim it after.

If a client comes back in inquiring about an issue that has already been handed off to Mediation, how should that be handled?

• Find the Mediation ticket
• Comment an internal note on the Mediation ticket using this format:

[TEAM] (enter the team the information came to, for example, FL Support, Phone Support, etc.)

[CONTRACT #]

[DETAILS] Include details why you are entering the internal note

[ZD TICKET #] (enter YOUR ZD ticket link here)

• Leave an internal note on your ticket with the URL link for the Mediation ticket and “solve” that ticket

IMPORTANT: If showing “solved” and Mediation needs to be notified, do not do the above process. Instead, include the internal notes in your ticket and assign your ticket to Mediation.

What is the turn-around time for Mediation to contact the client after the issue is handed-off?

Typical response time is 2-3 business days. It depends on the volume of the queue.

If I am unsure if I should escalate or have any other questions, who should I contact?

Questions can be asked in the Slack Channel for Mediation/Disputes: ask-disputes

Internal FAQs

If I am unsure if I should escalate or have any other questions, who should I contact?

Questions can be asked in the Slack Channel for Mediation/Disputes: ask-disputes

What's the best explanation why we do not hold charges when a dispute has been logged?

• Explain that we Guarantee payment to our freelancers
• Can also point out that many clients will log a dispute that is not warranted so it would not be ethical for Upwork to slow down the payment process for our freelancers (if they did not do anything wrong).
• Most importantly- emphasize that > If the charges are reversed we will refund their credit card upon request but be careful not to set the precedent they already won the dispute. Emphasize IF
  • Clients who log their dispute early should not have their card charged anyways.......Many get confused and see a charge for the previous week and assume it is regarding the dispute. Always remind these users they will need to dispute the most recent week as well.

For Direct Contracts - When can a client seek mediation assistance?

• Ideally, within 7 days of escrow release. No Arbitration available. Currently, there isn’t additional support available past the eligibility period.  (subject to change)
  
  
  

If we share the ticket numbers for dispute tickets, will that always direct the users to their respective conversations?

• Yes it will - you would need to copy the link from the user’s help center and share it with them.
  
  

Why does the dispute team not mediate cases again?

• There are several ways to answer this
• It’s important to have a process and deadline to ensure that we handle complicated mediation cases efficiently. 
• There is also the aspect of legality when it comes to Escrow - if users just come back wanting to go to arbitration again, the final award and its implementation would be useless.
• We wouldn’t be able to follow our terms of service especially when it comes to the last payment made - it wouldn’t be fair to the freelancer and that would mean an indefinite assistance on payments that the client agreed to release in the first place.
• Typically we mediate up to 30 days, this would cause havoc if they kept coming back and seeking assistance and would kill our SLAs.  Our wait times would be longer and the quality of our service would deteriorate.