scottie05 Profile

 From Boca Raton, Florida, United States

 MOTASH Profile

 From Beni Ebeed, Dakahlyia, Egypt

   Allegation Summary:

Motash initiated an arbitration to resolve a contract dispute, stating that there was a disagreement over which MSN version for the project needed to be used.  The arbitrator noticed that the employer had not set a deadline after the old deadline has passed (a situation called “implicit deadline extension”). So a new deadline needed to be set to allow work to continue. Before that could happen, both parties needed to agree on the contract.  Several project issues were brought up by both parties that were resolved.  Then a new deadline was set and work continued.  When work continued, the employer discovered additional bugs which they reported, but closed their account before the project deadline expired and forfeited the arbitration.  Shortly thereafter, Motash was forfeited because he had made inappropriate additional statements despite being warned previously.

   Arbitration Summary:

This project was brought into arbitration by Motash (the worker) to resolve a contract dispute. Motash stated that there was a disagreement over which MSN version needed to be used. Scottie8 (the employer) stated that “tested the product on four versions of MSN in three OSes and it crashed on all of them all of the time.” Motash disputed this and brought up additional points as well and the project went for technical analysis.

Since this project was not 100% complete, work would continue on the project. Both the employer and worker were offered self-mediation, but they could not come to an agreement on the funds.

In technical arbitration, the arbitrator stated that the latest version of MSN available at that point in time would be used and the testing environment would be 32 bit. Motash stated:
“the employer gave a feedback that a fault in my program based on a test on platforms(64bit) that were not part of the contract, and when i noticed that and faced him, he said that same faults exists on agreed platforms(32bit),but these faults he claimed didn't exist in the data he provided as a feedback
** i see if my allegation in this point is confirmed by the technical arbitrator, then the employer is preventing work from being completed“

The arbitrator ruled that the employer did not prevent work from being completed by testing on a 64 bit version of Windows. 

Motash stated:
“Which version of MSN?
-the latest version,that's clear to me

2. Which environment do the deliverables have to work on?
clear to me,32 bit platforms as per Posting # 36,355,035, but to be more specific as this posting is an extension to Posting # 36,355,031, so specifically i believe its :
ONLY XP SP3, Vista SP1, Windows 7 on 32bit platform

3. Are extra features added by the worker considered part of the contract?
NOT CLEAR, since we are technically speaking,we should not consider a general answer for general request, as it had been subject to clarification and not been answered in its detailed form on Arbitration Response Ids: 1,669,116 , 1,669,871”

After this, Motash brought up several issues regarding the employer’s previous responses and re-raised the issue that it prevented him from completing the work because he tested in a 64 bit environment. He was given a warning reminding him to remain professional or he would forfeit the arbitration in Arbitration Response Id: 1,674,883.

The arbitrator looked at the employer’s responses and reconfirmed that his actions did not prevent the work from being completed, since he had also tested in a 32 bit environment and posted the results. Since the project was an implicit deadline (The deadline had expired, work continued, and no new deadline was set), work was to continue.

On Monday Sep 26, 2011 2:56:06 PM, Motash did receive a warning for the following statements:
“My Reply:that's not true, any agreed details by both parties in their conversation is part of the specs, and I'M SURPRISED THAT YOU DIDN'T REPLY HIM”
and
“as a judging party,i expect you not to follow nor show what you THINK on behalf of any party, until BOTH parties show their allegations(you did so on arbit. resp. ID: 1,672,194 before the employer gave his reply)”

Diane did bring up issues regarding the implicit deadline because Motash had marked the project complete. The implicit deadline rules were explained – if the project goes past the deadline and work continues without a deadline being set, the project is in an implicit deadline situation and work continues. Motash was also warned not to respond to the other person’s post – as this warning was given previously in Arbitration Response Id: 1,664,366.

Motash had an issue regarding the MSN version as they had trouble getting MSN to work on their computer.

Both parties could not agree on a deadline, Diane requested 24 hours and Motash requested “5 days from a fix is provided”. As both parties could not agree on a deadline, the arbitrator imposed a deadline of 3 days. Scotie8 (the employer) did not agree to the length of the deadline, but did set the deadline onsite. The issue regarding not setting a new deadline when the old deadline expired was again explained to Scotie8.

Work began and both parties responded back and forth to each other. In Arbitration Response Id: 1,683,366, Motash was again warned for giving opinions. After getting the warning Motash posted a list of statements to determine if they were opinions or not.

Scotie8 posted a list of defects. However, before the end of the deadline to complete the work, they deliberately forfeited the arbitration and closed their account without waiting to see if Motash was going to fix the issues before the end of the deadline.

Motash was forfeited shortly thereafter when it was determined that he should not have been given a second warning because he had been warned previously. The arbitrator and Motash had a discussion regarding opinions and what constituted opinions. Motash was given an option to go for a review, but declined.

The arbitration process is used to make sure that the contract (which the two of you created) is honored. If either party (or both) breaks the contract, my job as arbitrator is to enforce the appropriate penalty.

The contract is made up of the following:

1. All information on the project page (title, description, compatibility, etc.).
2. All onsite amendments that are agreed to by both parties.

1. Things that a party "meant" to put in the contract but neglected to.
2. Any amendments allegedly communicated offsite. (These are too easy to fake, where even a professional cannot determine if it's real or a forgery, and thus the communication is not admissible.)
3. Anything that was not agreed to be done by both parties.

1. How much of the funds remaining in escrow should the worker receive? ($ amount?)
2. Who will receive copyrights to the deliverables? (Employer, Worker, or Split?)
3. Who agrees to assume the potential 3.5% cancellation fee? (This occurs when the employer opts for a refund, rather than reusing the funds onsite on another worker). (Employer, Worker or Covered by forfeited expert guarantee?)

• You cannot negotiate on ratings, because neither of you would be allowed to rate the other. Instead, I would place a neutral rating on both parties saying "Worker and Employer agreed to self mediate the following without formal intervention by a vWorker.com arbitrator"... followed by what you agreed on the 3 terms above. The arbitration would show up under "self mediated" in your profile.


• If both of you cannot come to a mutual agreement on all of the above 3 items within 3 days...or if one of you wishes to prematurely end the Quick Cancellation, then we will move on to formal mediation/arbitration. Also, remember that Quick Cancellation is a "one time opportunity" that is only available before formal arbitration starts in earnest. Once we move on, neither of you may "change your mind" and request it again.


• To prevent a party from abusing Quick Cancellation, you can only choose it on a limited # of projects. The limit is currently either 2 project or 20% of your projects (if you have done more than 10 projects). After you exceed the limit you must go into formal arbitration for further scrutiny.


• If at any time, vWorker.com learns with 100% certainty that either party was at fault, then vWorker.com cannot in good faith allow the self mediation to continue, since that information would otherwise be hidden from other users of the site (who have a right to know that information). If this occurs, the project will move to formal arbitration, regardless of the wishes of one or both parties.


• This is a trial program, so the rules may change in the future.

1. All information on the project page (title, description, compatibility, etc.).
2. All onsite amendments that are agreed to by both parties.

1. Things that a party "meant" to put in the contract but neglected to.
2. Any amendments allegedly communicated offsite. (These are too easy to fake, where even a professional cannot determine if it's real or a forgery, and thus the communication is not admissible.)
3. Anything that was not agreed to be done by both parties.

Diane, Mohamed,

The issue in this arbitration appears to be:

1. Which version of MSN?

Unless the version was specified and agreed to, it would be considered that the latest version would be used.

2. Which environment do the deliverables have to work on?

In Posting # 36,355,035 on Thursday Aug 4, 2011 4:37:24 PM, 64-bit was not required, so the testing environment would have to be 32-bit.

Should the deliverables be tested in arbitration by vWorker, the testing is done to the following requirements (taken from the Employer and Worker's Contract):

2) "Testing Venue:"  Since the deliverables must function in the Employer's environment for acceptance, and the Employer is the party creating the "flaw list", the Employer will be responsible for hosting the testing venue.  However, if the worker is determined to have not released the deliverables in question to the Employer, the Worker will be responsible for hosting the testing venue.  Exhedra does reserves the right to move responsibility for the testing venue to another party if it (in its sole opinion) believes a fairer result may be achieved.  Additionally, Exhedra may choose to host the testing venue itself, if it (in its sole opinion) determines:

a)...that the arbitration venue responsibility would not be better served by either the Employer or the Worker
b)...that significant setup assistance will not be required from the Worker (since a Worker can take advantage of such a situation to do configuration tweaks that were not done on the employer's system)
c)...that it has an existing environment adequate to testing the deliverables

    Both Employer and Worker agree that if required to provide the testing venue, they will provide Exhedra with access to all aspects of their environment that are necessary for Exhedra to:

a) Verify or deny the Employer's claims in the flaw list
b) Verify or deny that deliverables have been modified to cheat the testing process

    Note that these aspects may include (but are not limited to) software, hardware, documentation, remote access to systems etc..   Should the party responsible for hosting the testing venue refuse to provide all aspects of the testing venue when required to, they will default on the arbitration and forfeit it.

     Exhedra may use file comparisons (and/or other means) to ensure that modification of deliverables does not occur by the testing venue host.  If Exhedra (in its sole judgment) determines that the host has modified deliverables to influence an arbitration unfairly in their favor, the host will forfeit arbitration, be found in default of their contract under the terms of 'fraud', and will have their account involuntarily closed.

3. Are extra features added by the worker considered part of the contract?

This question has already been addressed. The answer is yes.

Mohamed,

You wrote:

1- the employer gave a feedback that a fault in my program based on a test on platforms(64bit) that were not part of the contract, and when i noticed that and faced him, he said that same faults exists on agreed platforms(32bit),but these faults he claimed didn't exist in the data he provided as a feedback
** i see if my allegation in this point is confirmed by the technical arbitrator, then the employer is preventing work from being completed

The employer would have to show that the error existed in the 32 bit version. Please explain how this would prevent you from completing the work. From what I have read, a log was provided from the 32 bit version.

For this feature, are you stating that this feature, MSN (latest version) on a 32 bit version of Windows is complete?


Regards.
Tim Yates (vWorker)

Mohamed,

Given the employer's response, I see no indication that they are withholding information from you, so they would not be found at fault for preventing you from completing the work.

As the project is in an implicit deadline, do you believe this work to be 100% complete? If so, I will be able to test the work.

If the work is not 100% complete, what work remains to be completed?

Regards.
Tim Yates (vWorker)

Diane, Mohamed,

Mohamed has claimed previously that the employer is preventing work from being completed.

After looking at the evidence, this does not appear to be the case, so the project will go forward.

Project Status

At this point in time, the project is in an "implicit deadline" meaning that work is to continue. The original deadline expired, and work continued without a new deadline being set. In order for work to continue, what needs to be determined is:

1. What is the remaining work to be completed?
2. Is there anything being requested that is not part of the contract.
3. A new deadline needs to be set.

Mohamed, you wrote:

C-Finally, regarding employer feedback :
as a judging party,i expect you not to follow nor show what you THINK on behalf of any party, until BOTH parties show their allegations(you did so on arbit. resp. ID: 1,672,194 before the employer gave his reply)

I was responding to your question only. You were asking my opinion and I gave it.

The employer response had many irrelevant and contradicting points that i have to address:-

Please note that Michele asked in Arbitration Response Id: 1,664,366 not to respond to the other person's posts. This restriction is still in effect.

B-while for "extra features":
arbitration response id: 1,669,116 and 1,669,871 also addresses this issue,and not yet replied
kindly find a complete history of that question and replies,in my following arbitration response, as this point is not yet cleared

I am unclear from your response and the responses in those ids what you are stating is an extra feature.

Please state exactly what you consider to be extra features that you believe that you do not have to complete. I do not need you to refer to other posts in the arbitration. Just state what you believe to be not part of the contract.

Mohamed,

Your previous responses contain many points and issues and it was very difficult to determine what your questions were. I do not want to miss legitimate questions, but your reponse makes it difficult to determine what those questions are. Long postings like this delay the arbitration. Please keep your responses short and on the topic that needs to be addressed.


Regards.
Tim Yates (vWorker)

No indication that the arbitration is complete has been made anywhere in the project thread, although I have to assume that, at this point, it is, according to Arbitration Response Id: 1,674,916. that rules in my favor.

i've received no answer to my subsequent question, so I have assumed arbitration is complete and I am re-commencing working with the worker.

The additional 3 weeks (almost) spent in arbitration (with funds tied up) was significantly damaging to us, as the delivery dealine to our client now only 4 days away, leaving us no room for error or adjustment. 

Because of this, we can only grant an additional 24 hours to deliver the final working project, to be delivered with a message that lets me clearly understand it has been delivered (with no arguments, accusations or other topics that make it unclear what the worker is delivering). 

I expec the final delivery to be testable and working on the latest versions of the products listed in the spec.  There has been no new release of MSN Live messenger since May 2011, and this is the version I expect it to work with.

I do not expect anything in addition to the original spec, but neither will I accept partially complete.

I am ignoring anything the worker has posted since putting the project into arbitration as I am unable to determine what exactly constitutes final delivery, or if it has actually occurred.

That's all I can do to get the project back on track, and I think I am being reasonable under the circumstances.

Motash,

Thank you for your response. Your questions are much clearer. My responses are below.

1- when the employer gives a feedback about a test on his environment, are the results he submits on the site obligatory to me or not?

Yes, as long as the results were part of the contract.

2-the employer admitted to do test on 64bit platform and posted the results on the site,which as you know ,clearly is not part of the contract, is that his right or a mistake/fault?

Since the results for that test were not part of the contract (64 bit), that would not be held against you. You brought it to Diane's attention and other tests were run.

3-if the employer gave me incorrect test feedback, wouldn't that prevent me from finishing work?

If you brought the issue to their attention and they submitted tests in the 32 bit environment, then they did not prevent you from completing the work. If the situation were reversed, you did testing on a 64 bit computer and the employer pointed it out and then you changed environments, they could not claim that the worker could not complete the work.

Again, you would have to prove that they deliberately prevented you from completing the work. I do not see that here.

Regards.
Tim Yates (vWorker)

Diane,

You wrote:

In post # 36,728,332 the worker states that he gives up.

The project was marked as complete. It was not working satisfactorily.

Are you saying my only choice was to extend the deadline, even though the work was already late and not in an acceptable condition?

When the worker misses a deadline, you can either cancel and receive a refund if the project is not 100% complete, or choose to continue to work with them. If you choose to work with them, that is fine...but it is vitally important that you set a new deadline. You were warned in the email notification you received when the project became overdue, that if you continued work but didn't set a new deadline, you would be doing a dangerous thing and would be working without the protection of a deadline. (The reason for this rule, called the “implicit extension” rule, is to protect workers from unscrupulous employers who could use the loophole to get a worker to do all sorts free work, and then retroactively 'cancel' for a deadline missed weeks or months earlier.) If you didn't get a chance to read that email, I recommend that you do so now: http://www.vWorker.com/RentACoder/SoftwareBuyers/Articles/RacEm ails/BuyerNotificationOfDeadlineComing.asp.

Had you actually set a deadline, you would now been in an extremely strong position. A project where the deadline has expired is either 100% complete or isn't. If it isn't 100% complete, then you would receive a full refund. We simply test the project and determine if it's 100% complete or not and then refund your funds. This gives you maximum protection.

However, since you didn't set a new deadline, we can't fairly test for the project being 100% complete on time, when there is no agreement between the two of you as to when the project should be 100% complete. So now if you unilaterally pullout, you would be the one breaking the contract instead of the worker. You would have to pay the worker for the time invested (a partial payment). Additionally a rating notating that you pulled out would have to be put on your record. (Again, if it weren't this way, an unscrupulous employer could use that loophole to get free work out of workers…as described above).

Regards.
Tim Yates (vWorker)

Motash,

Please respond to Diane's request in Arbitration Response Id: 1,675,414. Can you complete the work by this time, if not, please propose a new deadline.

Diane,

You wrote:

i've received no answer to my subsequent question, so I have assumed arbitration is complete and I am re-commencing working with the worker.

Arbitration is not yet complete, as a deadline is not agreed upon.

Also, I do not see where you have posted a question. Please let me know what the issue might be.

Regards.
Tim Yates (vWorker)

Tim,

Q: Can you complete the work by this time, if not, please propose a new deadline?

Answer : of course 24hrs is not accpetable, and while i was thinking if i'm obliged to put a deadline right now without further investigation/effort that i believe i shouldn't do till this arbitration is finished, actually the employer already took action and put a deadline on the project with 24 hours, which makes me confused

1- what should i do, should that be neglected on the project panel, or does it have any further consequences if the project is resumed?

2- "does he has the right to do that?" as per work contract,who's given authorization to put a deadline when the project is in "implicit extension" state ?

while for my questions :

i really thank you for the clear reply, on my behalf i'll keep short/focused and respond as fast as i can

Q1: is quite clear,while for Q2,Q3, i think you addressed only one aspect " that i'm not obliged neither to (q2)unagreed conditions nor to (q3)wrong feedback" , but other aspects are:-

1- Responsibility : you made the employer completely not responsible for either faults ( Q2 ,Q3)

2- Time : puting in mind that his feedback is by default committing me, who count for the time needed to detect if the the test was done on agreed platform or not (luckily me, i could find program files(x86) to assume 64bit)

3- Effort : i don't get paid, to get employer faults

Regards,

MOTASH

Motash,

If you need more time, then you need to propose a new deadline. As this project is in arbitration, I would determine the new deadline based on the feedback from you and the employer.

Q1: is quite clear,while for Q2,Q3, i think you addressed only one aspect " that i'm not obliged neither to (q2)unagreed conditions nor to (q3)wrong feedback" , but other aspects are:-

1- Responsibility : you made the employer completely not responsible for either faults ( Q2 ,Q3)

The employer gave additional feedback regarding the work. This did not prevent you from completing the work.

2- Time : puting in mind that his feedback is by default committing me, who count for the time needed to detect if the the test was done on agreed platform or not (luckily me, i could find program files(x86) to assume 64bit)

The project is in an implicit deadline. Again, using the employer using the 64 bit version of Windows did not prevent you from completing the work and the employer also raised the issue with the 32 bit version.

3- Effort : i don't get paid, to get employer faults

You will get paid if you complete the work.

This project came into arbitration to resolve a contract dispute. You did not state when this project initially came into arbitration that the employer was preventing you from completing the work. Furthermore, continuing to bring up this issue also delays the arbitration. The decision has been made in this regard. No further discussion is warranted.

Q1 Answer : the employer asked to inject a logger DLL into the process of three executables (MSN , IE v8 , Chrome v12), so i got it working for the three programs, and after i sent him the code and log proofs,he asked for a solution for an older version of MSN that's not available,in a good faith i tried to investigate the issue, but MSN is an online setup, and that version is not available,i asked if he has an installable source for it,but never had a reply,and i commit to the original open post, that i've already fulfilled

Q2 Answer : a proof of MSN logging success exists in the attachment sent on "Monday Aug 22, 2011 10:17:07 PM EDT" path in compressed file : \IMCATRUN\DEBUG\test.log

The version of MSN, the issue with MSN,  and the version of Windows has been clarified in this arbitration. All that remains is for a new deadline to be set. If one cannot be agreed upon, I will impose the deadline.

Motash,

Please offer a new deadline to complete the work. I have not changed the deadline for responding as I am still asking for the same information.

Regards.
Tim Yates (vWorker)

The question was about the deadline, which you answered in your previous response.

Tim,

You don't see my previous reply as an answer, and the employer action of setting a deadline on the project is irrelevant
Well,to answer your question :-

A-There's a bug/incompatability with latest MSN, that makes its setup on my PC not possible for the moment,to explain :
while trying to replicate the crash problem, that is claimed by employer,i removed my version, and gave trials, but failed to get a version 14x installation, and from since i'm not able to setup latest MSN again(the setup logs attached proofs setup errors from 6-9-2011), forced by your post to impose a deadline, i searched for that error, and found many people suffering from the same problem,and some replies on MSN Blogs, indicate a bug in latest version  twords OS language options, a link :
http://windowsteamblog.com/windows_live/b/windowslive/archive /2010/08/17/windows-live-essentials-2011-beta-refresh.aspx
to send you a formal reply from MS, i sent a question to Win Live Solutions center(PDF attached), and waited to the last minute,but yet had no reply, so i think this situation is subject to "Setup program bug items" , an adequate deadline is " 5 days from a fix is provided"

B-Since a decision is made that i address only latest MSN version, a consequence is that XP is excluded form test OS's for MSN, as latest MSN doesn't support XP,kindly check :
http://explore.live.com/windows-live-essentials-programs-didnt -install-ui


while there's some points, irrelevant to the employer ,concerning the arbitration process,i will have to discuss in a separete posting

Tim,

You don't see my previous reply as an answer, and the employer action of setting a deadline on the project is irrelevant
Well,to answer your question :-

A-There's a bug/incompatability with latest MSN, that makes its setup on my PC not possible for the moment,to explain :
while trying to replicate the crash problem, that is claimed by employer,i removed my version, and gave trials, but failed to get a version 14x installation, and from since i'm not able to setup latest MSN again(the setup logs attached proofs setup errors from 6-9-2011), forced by your post to impose a deadline, i searched for that error, and found many people suffering from the same problem,and some replies on MSN Blogs, indicate a bug in latest version  twords OS language options, a link :
http://windowsteamblog.com/windows_live/b/windowslive/archive /2010/08/17/windows-live-essentials-2011-beta-refresh.aspx
to send you a formal reply from MS, i sent a question to Win Live Solutions center(PDF attached), and waited to the last minute,but yet had no reply, so i think this situation is subject to "Setup program bug items" , an adequate deadline is " 5 days from a fix is provided"

B-Since a decision is made that i address only latest MSN version, a consequence is that XP is excluded form test OS's for MSN, as latest MSN doesn't support XP,kindly check :
http://explore.live.com/windows-live-essentials-programs-didnt -install-ui


while there's some points, irrelevant to the employer ,concerning the arbitration process,i will have to discuss in a separete posting

Motash,

You wrote:

A-There's a bug/incompatability with latest MSN, that makes its setup on my PC not possible for the moment,to explain :
while trying to replicate the crash problem, that is claimed by employer,i removed my version, and gave trials, but failed to get a version 14x installation, and from since i'm not able to setup latest MSN again(the setup logs attached proofs setup errors from 6-9-2011),

You have known about this error since September 6th, but did not contact Microsoft for support until September 28th?

Diane,

I see that you have set a deadline, however, this deadline is not valid as the project is still in arbitration.

Motash has proposed a deadline. Is that acceptable? Do you want to wait?
 

Regards.
Tim Yates (vWorker)

Now I am clear that arbitration is not yet over, I understand that the deadline I set does not apply.  I don't accept that an implied deadline remains in place, of course, because I was not the instigator of this arbitration and it has prevented me from correcting that situation.

Apologies for the long-winded answer; I can't determine from his message what that deadline is, if you can interpret for me then pehaps I can answer differently.

It seems to me that MOTASH is proposing an indefinite deadline, based on when he receives a fix from Microsoft.

I have a critical memory leak posted to the same set of forums that has been open and unresolved for 6 weeks with no resolution in sight.   The MS forums don't guarantee a fix or even a response, particularly as this appears to be problem of configuration on his PC, although of course I don't claim to know that is a fact.

Given that I had a hard deadline of today for delivery of phase 2, while this only phase 1, I have basically lost the opportunity to achieve anything useful with this code (and a great deal of credibility with my client), for no reason, it seems.  

It does not seem possible to get a single, straightforward answer from this developer that I can understand. I hope I'm not doing the same here.  The short answer is no.  If Motash is proposing that I wait indefintiely while he resolves his tech support issue, that is not something I can agree to.

Motash,

If you are stating that the work is complete, then please upload the files. The way testing works is that the employer would have the option of testing them first and confirming if they work or not. If they believe that there are errors remaining, they could fill out a flaw list and then vWorker would complete the testing.

If you do not believe work to be complete, then I will impose a ruling on the deadline.

Regards.
Tim Yates (vWorker)

Motash,

You will not be able to hold up the project indefinitely to get the issue regarding MSN fixed. You are responsible for your working environment.

You have one day to get the MSN issue resolved and then 2 days to deliver the remaining work (for a total of 3 business days).

The target OS are: Target OS is  Vista SP1, Windows 7 32 bit only. XP is excluded as it is not supported by the latest MSN.

The target MSN Live is the latest available.
 

If you have questions regarding the deliverables, please state them now, otherwise work may begin.

Regards.
Tim Yates (vWorker)

Diane,

Please now set the new deadline via the site to make it legal/official, and also to prevent the automated email reminders from being sent to you to update it. To do this, go to the project URL at: http://www.vWorker.com/RentACoder/misc/BidRequests/ShowBidReque st.asp?lngBidRequestId=1707024. At the top (under the title), there is a link that says, "My employer project panel".  Click the link, then click on "Extend delivery deadline", and follow the prompts. You'll notice that the project page now reflects your new deadline.

Please let me know when you've done this so we can continue. If you have any questions about this, please let me know.

Mohamed,

You have the right to request a review of any decision made during arbitration. The arbitrators are human and since no human is perfect, a mistake can happen, even with the months of training that each arbitrator receives. When we find mistakes, we correct them. Our BBB and square trade record can attest to this, as we have never had an unresolved complaint.

However, on the other hand, when an arbitrator does their job 100% perfectly...it's guaranteed that 50% of people (the people who lost) will still not like the results. These people often want a review simply because they are unwilling to accept a proper judgment and are hoping that a 2nd person reviewing it will determine something differently. When this happens, it is not fair to the other party.

To prevent the review process from being abused, and simultaneously allow legitimate issues to be reviewed, the process works as follows:

1) If you tell me to, I will have this reviewed by a senior arbitrator (full instructions are below).
2) If they find that a mistake was made, then it would be corrected.
3) If they found no mistake was made, then nothing would change. Further, if it was determined that you initiated this review without a sufficiently good reason, then the attempt to unfairly delay the arbitration would result in your loss of the arbitration and permanent closing of your account.

If you would like the review, then there is one other thing to understand. A review can only occur on decisions that have been already made in this arbitration. If a final decision was not made on an issue, then obviously it can't be reviewed. If this is your situation, you can choose to wait until the issue is ruled on, before choosing to request a review.

The decisions made in this arbitration are:

1. The worker was forfeited for posting opinions and behaving unprofessionally.


Mohamed,

A) Please respond and say either "I want an arbitration review" or "I decline the arbitration review".
B) If you choose the review, please also tell me:
B1) The #(s) of the decision(s) you want reviewed. Do not send details at this point...that will happen later during the review.
B2) Confirm that you understand and agree to the rules for a senior arbitrator by reposting this entire quote to me:

"I understand and agree that the arbitrator will only review the decision(s) above. If they find the decision was incorrect, then it will be changed. If they find it was correct, then it will not be changed. Further, if it was correct, and the arbitrator cannot find a legitimate reason for me to have requested this review, then I understand and agree that I will forfeit the arbitration and my account permanently."

Mohamed, please respond to the bold items above and then we can continue. Thanks.