How does Dispute Resolution work?

In the rare event of a dispute on a job, there are three levels of Dispute Resolution available but are limited based on the type of job:

1. Member Resolution – Available on all jobs with payments made through Elance.
   
2. Elance Dispute Assistance – Available only for Elance Escrow jobs with funds still held in Escrow, or for Escrow jobs with mandatory status reporting selected.
   
3. Arbitration – Available only for Elance Escrow  jobs with funds still held in Escrow, or for Escrow projects with mandatory status reporting selected.
   

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

1. Member Resolution. 
   
   

a.  The employer or service provider must begin by clarifying the dispute via the Dispute Notice form and allow the other party 3 business days to respond to the claims.  If the job is an Escrow project with funds still held in Escrow, please clarify your request for release of funds held in Escrow. Click here to download the 'Dispute_Notice.doc' file.

b.  Fill out the Dispute Notice, save it to your computer, and then upload the document as an attachment to your Private Message Board (PMB) with the other party.

c.  The other party must review the document and post a good faith response on the PMB within 3 business days.  If the job is an Escrow project with funds still held in Escrow, your good faith response must include Contrary Instructions for Release of funds held in Escrow.

d.  The employer and service provider will have the right to upload and respond, with the goal of resolving in good faith any dispute.  If the job is an Escrow job with funds still held in Escrow, the parties will deliver joint written instructions to Elance concerning a Release fo the funds held in Escrow. 

e.  Employer and service provider will not terminate such discussion and negotiation prior to the earlier to occur of delivery of joint written instructions to Elance concerning a Release, or the date 15 business days following buyer or service provider's original upload of the Dispute Notice form.  Evidence of this dialogue must be documented on the PMB throughout the process before either party may notify Elance.

f.  It is strongly recommended that both parties work to resolve the dispute via a verbal conversation.

2. Elance Dispute Assistance
   
   

a.  If the job is an Escrow job with funds still held in Escrow or with mandatory status reporting selected, in the event employer and service provider fail to resolve any dispute through the foregoing User Resolution process within 3 business days following employer or service provider's original upload of the Dispute Notice form, the service provider or buyer will have the right to request Elance assistance.

b.  To request assistance, click on the "Contact us" link in the upper right.  Choose the ''Dispute Assistance" option in the pull down menu, state your project ID, Escrow amount and the other party with whom you have initiated User Resolution through the PMB.

c.  Elance will review the Business Terms and all documents uploaded to the Site within 10 business days. 

d.  Elance will contact the employer and service provider to arrange a Dispute Assistance call.  The goal of this call is to resolve the dispute and deliver joint written instructions to Elance concerning a Release of the funds held in Escrow. 

e.  Elance will not make a determination or assess blame.  Elance will only act to facilitate discussion between the two parties to foster a resolution of the dispute.

3. Arbitration.
   
   

a.  If the job is an Escrow job with funds still held in Escrow or with mandatory status reporting selected, if both User Resolution and Elance Dispute Assistance fail to resolve the dispute, either party will have the right to demand binding non-appearance based arbitration by a third party service chosen by Elance.

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