On Wed, 2010-10-13 at 09:18 -0400, Xavier Antoviaque wrote:
> So right now I'd like to discuss with Michele Nisi (the arbitrator),
> to see what are the options if we stop working together.
Michele/vWorker's answer:
"""There are a few options in this situation. You two can negotiate to
figure out whether or not you want to continue work. If either of you
wants to stop the project you can choose to do that. At that point you
have 2 options, which are posted below. If you agree to stop, regardless
of which option you choose, you can negotiate the payment. If you cannot
agree then the arbitrator can decide, but only if you are in formal
arbitration.
If you two choose to self mediate to end this, it is up to you two to
negotiate the payment.
Please let me know what you decide. You have 3 options:
1) continue working
2) stop work and go into self mediation
3) stop work and go into formal arbitration
The Quick Cancellation Option (Self Mediation)
----------------------------------------------
I need to let both of you know of a 2nd option that you both have
available....that would SKIP the formal arbitration process I've
described above...and can dramatically speed up the arbitration process
for you. vWorker.com (on a trial basis) now offers an opportunity for
both parties to mutually agree to a 'Quick Cancellation' without an
arbitrator. This process is modeled on the 'no-fault' divorce legal
concept in the United States, and instead of focusing on fault it
focuses on agrement. This gives you a chance to settle your differences
amicably and quicker than the fault finding done in formal arbitration.
If your relationship with the other party is good enough that you can at
least attempt to negotiate with them on the issue below, then Quick
Cancellation is an option for you. This can results in a conclusion to
this arbitration in just a few minutes or hours, rather than days (as
can sometimes happen if you both strongly contest the other party in
formal arbitration and testing is required). Additionally, if one or
both of you contributed to the contract not completing, then a somewhat
generous negotiation by you can will avoid formal arbitration--in which
the arbitrator would normally documents at-fault behavior by at-fault
parties on their public record.
If any of the above reasons sound interesting to you, then you have
nothing to lose by trying Quick Cancellation right now. Just announce
that you wish to try it and make an offer on ALL of the below items to
the other party:
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?)
Important things to know before you start:
* You cannot neogitate 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 arbitation 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 1 project or 10% 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.
-----------------------------------------------------------------
---------------------------------
Xavier, Vitaliy,
Please respond and choose EITHER a) or b ) from the below and add any
information required in bold as well.
A) If you want to try self mediation
-----------------------------
If you'd like to try self-mediation, then announce "I wish to try
self-mediation" and then answer all 3 questions that I mentioned above.
DO NOT bring up any issues about fault. Opting for self-mediation does
not obligate you to anything unless both of you choose to agree to the
terms. If you see that you cannot come to an agreement, you can later
choose to move to formal arbitration. If this is your choice, do not
wait for me to respond...the idea is to see if you can quickly negotiate
a mutually agreement settlement. If the other party has already
indicated they wish to try self-mediation, and you do too...please
immediately start neogotiating back and forth WITHOUT waiting for me, as
you only have 3 business days to come to an agreement.
B) If you don't want to try self-mediation
----------------------------
If you do not want to try self-mediation, then just announce "I wish to
move to formal arbitration" and then we will do so. To save time...if
you were asked a question above for formal arbitation, please respond to
it."""
===================
And my answer:
"""I choose this option :
2) stop work and go into self mediation
Gary, I'd like to end this cooperation in good terms. I don't know yet
if the coder I'll have to find will be able to reuse your codebase, but
nevertheless I'd like to pay you something for the work you have
accomplished, so it doesn't feel like a complete loss of time for both
of us.
Given the amount of work that there still is on the project (at least
1-2 months at the current speed), and the fact that some of the hardest
or less glamorous tasks are still not done (unit tests, code
documentation, etc.), I hope you will agree that this is a generous
offer.
# How much of the funds remaining in escrow should the worker receive?
($ amount?)
$1420 USD (half of the announced price)
# Who will receive copyrights to the deliverables? (Employer, Worker, or
Split?)
Employer
# 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?)
I would reuse those funds on site to hire another coder to finish the
job, so this wouldn't need to be applied."""
Xavier.
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