Mediation

How do I open a Mediation case?

In Mediation, you and the Employer participate in determining the outcome and resolution of the dispute. You both are responsible for the outcome, and you are expected to make a good faith effort to resolve your dispute. This means that you will be willing to discuss the situation from your perspective, hear the other parties’ perspectives, and participate in a conversation about options for dealing with the situation.

If you cannot resolve your dispute, the case will move to Arbitration where the arbitrator will make a legally-binding and irreversible decision.

Before opening a mediation case, we recommend that you first attempt to resolve the dispute directly with the Employer. In most cases, Employers and Freelancers are able to resolve a dispute amongst themselves, saving both parties time and hard feelings.

If the Employer is unwilling to work with you to resolve the dispute and there is more than $25 of the SafePay payment yet to be approved, simply contact us to initiate the dispute resolution process.

Please provide us with,

  • Your name
  • The Employer’s name
  • The SafePay ID (alternatively, provide the Project ID)
  • A brief description of the problem.
  • Proof of work completed to date.

All communication with the Dispute Resolution Department (DRD) must be via email for documentation purposes. The team will not discuss dispute cases over the phone. Upon receipt of your email, we will send you a confirmation email.

Note: We do not provide dispute resolution or collection services for unpaid invoices. If an Employer has failed to pay your invoice after work has been completed, you will have to follow up directly with the Employer. In the future, we recommend using SafePay to avoid unpaid invoices.

Why should I use Mediation?

The benefits of mediation include,

  • Gaining clarity over the dispute and getting help with choices and decisions.
  • Expressing points of view and responding in a neutral forum.
  • Discussing and understanding points of disagreement.
  • Suggesting creative solutions.
  • Reaching a fair and equitable resolution.

What does the mediator do?

The mediator is an impartial third party who helps clarify areas of miscommunication or misunderstanding between the disputants, and supports the disputants in considering their options and making decisions about how to deal with their situation. Ultimately, the mediator helps both parties develop an agreement of their choosing.

The mediator does not act as a judge, take sides, determine who is wrong or right, or evaluate the quality of work, fairness of compensation, or reasonableness of agreements entered into by the parties. The mediator will not give advice or determine the outcome of the dispute.

Are there any restrictions on my use of the site while in a dispute?

After you submit a case to the Dispute Resolution Department and if it qualifies for Mediation or Arbitration services, some tools are locked for the duration of the case. You will not be able to receive payments. Additionally, the ability to post Project Messages may be locked if the Mediator believes that continued direct communication could undermine mediation progress.

After a case is resolved, all tools become available to you again.

How can I see my Mediation Agreement?

  1. On the top navigation bar, click “Payments,” and click “Dispute Documents.”
  2. Select the “Mediation Agreements” tab.
  3. Click “View Agreement.”