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 Employer and creating a Project Agreement that outlines each piece of the project. When both parties understand what is expected and what will be provided, 99.9% of disputes will never occur.
- Clear communication - Maintain good communication throughout the project. Good communication is key, be it at the beginning to discuss the project needs, terms, and schedule; in the middle to discuss progress, changes, and roadblocks; or at the end to review and confirm the project. The majority of Freelancer/Employer relationships that fail do so as a result of poor communication.
Guru.com recommends that all Freelancers use Work Room Discussions to communicate with the Employers. It's convenient, centralized location and real-time notification features make it ideal for keeping track of project discussions.
- Detailed Project Agreement - Create and upload a Project Agreement that details all aspects of the project and your relationship. The Project Agreement should include information on the project scope, deliverable dates, payment terms, ownership, confidentiality, termination, dispute resolution, and expenses. The Project Agreement protects both parties by defining the expectations in writing before proceeding.
Even though you communicated with the Employer throughout the duration of the project and created a detailed Project Agreement, the possibility for disputes still exists. The issue is knowing how to deal with them once they arise. Should disputes arise, here is what you can do.
- All Freelancers who used SafePay have access to Guru.com's Mediation and Arbitration services. In Mediation, the Freelancer and the Employer 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.
- Freelancers who used Guru Invoicing do not have access to Guru.com's Mediation and Arbitration services. The Dispute Resolution Department cannot mediate or arbitrate the dispute because they have no control over the payment in question. To gain full access to our Mediation and Arbitration services, you must use our SafePay service.
|