The best way to settle a dispute is never to have one in the first place. Preventative contracting, much like preventative medicine, can save on aches and pains that arise as a result of misunderstood project needs, inflated billing, or incomplete work.
The two best ways to prevent a dispute are engaging in clear and constant communication with the Freelancer and creating and approving a Project Agreement that outlines each piece of the project. When both parties understand what is expected and what will be provided, most disputes are avoided.
- Clear communication — Maintain good communication throughout the project. Clear and respectful communication is key, be it at the beginning to discuss the project needs, Project Agreement terms, and schedule; in the middle to discuss progress, changes, and roadblocks; or at the end to review and confirm the project and provide constructive feedback. The majority of Freelancer/Employer relationships that fail due so as a result of poor communication.
With effective communication, you can build trust in this relationship. Make every attempt to always follow through on what you say you will do and when you will do it. In other words, say what you mean, and mean what you say. And stay in touch. If you are traveling or are going to be unavailable for a day or longer, let the Freelancer know at once. Some Freelancers panic when they are in the middle of a project and their Employer cannot be reached.
Guru.com recommends that all Employers use Work Room Discussions to communicate with the Freelancers they hire. It's convenient, centralized location and real-time notification features make it ideal for keeping track of project discussions.
- Detailed Project Agreement - Approve a Project Agreement that details all aspects of the project and your relationship. The Project Agreement addresses the project scope, deliverable dates, payment terms, ownership, confidentiality, termination, dispute resolution, and expenses, and it protects both parties by defining the expectations in writing before proceeding.
Even though you communicated with the Freelancer throughout the duration of the project and created a detailed Project Agreement, the possibility for disputes still exists. Most problems can be mended and projects restored if problems are adequately addressed early on. Here's what to do if things aren't going well.
- Stay calm — Don't rush to judgment. Crises and emergencies are universal. Give the Freelancer the benefit of the doubt and an opportunity to explain any delays in communication or in getting the completed project to you.
- Be responsive and accessible — If a Freelancer asks for clarity or feedback, provide it, and do so in a timely fashion. Most Freelancers want to do a good job, but sometimes a project may languish without input from the Employer.
- Maintain trust — Follow through with what you have agreed to do, and continue to communicate in a respectful, professional manner.
- Document everything — Use Project Messages and Work Room Discussions for all your communications. This way both parties have a structured and secure way to reference what was discussed and agreed to.
- Speak up — If you are not happy with your Freelancer's response time or the work that has been submitted, don't fume in silence. Freelancers can't correct problems if they aren't informed about them. Most Freelancers are more than willing to comply with requests if they are asked about them openly and respectfully.
- Pay when it's right — Don't release payment until you are satisfied with the work. Most disputes arise because Employers prematurely release escrow funds or hastily pay invoices. Review the deliverables thoroughly before you compensate the Freelancer. Once payment has been sent, Guru.com has no way to retrieve it.
- Ask for help — Employers who used SafePay have access to Guru.com's Mediation and Arbitration services. In Mediation, the Employer and the Freelancer resolve their dispute with the assistance of a mediator. If the parties cannot agree on a resolution, the matter is sent to Arbitration, where a legally-binding judgment is rendered by the arbitrator.
Employers who used Guru Invoicing do not have access to Guru.com's Mediation and Arbitration services. If you have already paid your Freelancer using Invoicing and are unhappy with their work, you are welcome to leave honest feedback for the Freelancer. Frequent negative feedback will affect a Freelancer's ability to gain new business on Guru.com. |