We've changed our name from Rent a Coder to vWorker.com (which stands for "virtual worker"). Click here for all the details! If you came from another site, please tell the webmaster to update their link, and it will remove this message.

Click here to close this message.
Skip Navigation

More capable, accountable and affordable. Guaranteed.

Self Mediation
(a.k.a. "The Quick Cancellation Option")

vWorker.com is now offering, a new arbitration option than can save both parties considerable time and effort.  It is called "Self Mediation" (and sometimes "The Quick Cancellation Option") and can occur when one or both parties wish to cancel the contract.

Like divorce in the legal system, the arbitration process on a cancellation can be long and grueling...especially if the two parties contest each other strongly, and the deliverables must be tested.  In the United States (and some other countries), a legal concept has been invented to help the opposing parties come to a mutually agreeable solution in a much quicker amount of time...the "no-fault" divorce.  Self Mediation is modeled on the same concept...by changing the focus of the discussion from the fault to what can be agreed on.

If both parties can agree to the following issues, then they can now choose to Self Mediate:

  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. If there was an Expert Guarantee on the project...will the worker forfeit the expert guarantee or receive it back? (Worker forfeits it or Worker receives it back?)
    Note: the Expert Guarantee cannot be split. If forfeited, it will be used to cover the cancellation fee (detailed below).
  4. Who agrees to assume the potential 3.5% cancellation fee? (Employer, Worker or Covered by forfeited expert guarantee?)
    Note: The cancellation charge is a "potential" charge because it is NOT always charged. Per the contract, it is ONLY charged if an employer gets a REFUND of funds...not if they simply transfer the funds to another project. So, if the worker agrees to assume the charge, it is deducted from them immediately. Then the employer either chooses a transfer or a refund. Should they choose a transfer, then the charge would be refunded back to the Worker. (Note: If the worker has no funds to cover this, then regardless of what is agreed upon, the employer is responsible for the potential fee.)
Important qualifications:

A) Self mediation applies only to pay for deliverables projects. Pay for time projects already have a shortened arbitration process.

B) Neither party can negotiate on ratings, because neither is allowed to rate the other. Instead, the arbitrator places 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 the terms agreed to by the two parties.  The arbitration then shows up under the "self mediated" column of both parties' profiles.

C) If the two parties cannot come to a mutual agreement on all of the above 3 items within 3 days...or if one of them wishes to prematurely end the Self Mediation, then the process moves on to formal mediation/arbitration. Also, Self Mediation is a "one time opportunity" that is only available before formal arbitration starts in earnest. After that window of opportunity passes, neither party may "change their mind" and request it again.

D) To prevent a party from abusing Self Mediation, a person can only choose it on a limited # of projects. The limit is currently either 1project or 10% of a person's projects (if they have done more than 10 projects). After a person exceeds this limit they must go into formal arbitration for further scrutiny.

E) 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.

F) This program starts 2/7/2005.  It is NOT retroactive, meaning that arbitrations which started before this date do not have a Self Mediation option.