How do I open an Arbitration case?
In Arbitration, a legally-binding verdict is decided by an arbitrator, and the parties relinquish control over the outcome and resolution of the dispute.
- The Freelancer and the Employer cannot participate in or contribute to the resolution.
- The arbitrator places the burden of proof on the Freelancer.
- The arbitrator reviews all available project information, including online and offline project communications, in order to render a final decision.
- The verdict of an Arbitration is final and legally-binding.
Starting the Arbitration process — In most cases, your resolution will start with Mediation and will move to Arbitration at the request of either party, at the mediator’s discretion, or if you and the Freelancer are unable to resolve your dispute within 10 business days.
Who has the burden of proof in Arbitration?
When a dispute occurs, the burden of proof lies with the Freelancer. To receive the SafePay funds, the Freelancer must prove that:
- He or she completed and delivered the work to the Employer.
- He or she completed and delivered the work according to the timeframe in the online Project Agreement. If the Employer and Freelancer did not specify a timeframe in the Project Agreement, the timeframe demanded by the Employer prevails.
- The demands of the Employer are outside the project’s scope as defined in the online Project Agreement or are unreasonable for the compensation being offered.
- The quality level of the completed work objectively meets the quality standards outlined in the online Project Agreement. If quality of work determination is subjective, the quality level demanded by the Employer prevails.
What happens after the Arbitration decision is rendered?
After the arbitrator renders a decision, the dispute resolution department closes the case, emails both parties and posts an Arbitration Ruling to their accounts.
The SafePay funds are allocated between the two parties according to the decision. The funds will be transferred to the cash accounts of the recipients.
Arbitration rulings are binding and cannot be reversed.
What types of cases go to Arbitration?
The arbitration department handles disputes dealing with:
- Work completion and delivery
- Work completion and delivery within a certain timeframe
- Scope of project work
- Quality of work
What information does the arbitrator look at?
The arbitrator examines all available project information, including online and offline project communications. When requested by the mediator for the purpose of Arbitration, both parties have two business days to submit offline data and communications.
Online Guru.com communications
- Project description
- Project Messages
- Project Agreement and Change Orders (completed and outstanding)
- Work Room Discussions, Milestones, Tasks, and Files
- Dispute case correspondence
- Flaw list (if needed)
- Other offline communications
How can I see my Arbitration ruling?
- On the top navigation bar, click “Payments,” and click “Dispute Documents.”
- Click “View Agreement.”