So what's the difference between the two groups? And how do you make sure you're one of the "champs" in arbitration and not one of the "chumps"? Fortunately it's very easy, with the following tips.
In Part 1 of this article, we discussed how to work professionally and competently with your employer. Once you’ve done that, you’re usually in very good shape to win your arbitration. However, there are still some important things you need to do to make sure you don’t “blow it”. By following the below tips, you can make sure you are an arbitration “champion” and not an arbitration “chump”.
- Upload all work files at the start…
- Upload 100% immediately:
As described in part 1: You need to upload 100% of your deliverables onsite before the deadline/milestone arrives.
However, let’s say there was no deadline…or it has not yet arrived. How do you protect yourself in arbitration in that case? In that situation, you need to upload 100% of your deliverables to date to the site once you start the arbitration (or get a notification of it).
We send out an email reminder telling people to do this, but many people ignore it. That’s a big mistake. If we need to look at the deliverables, you will lose the arbitration. Again it’s a simple thing to do. So just do it!
- Upload it all:
Make sure you upload everything needed to verify you met the contract. If you are working on a graphics projects, the source files need to be uploaded as well.
- Insults…
- You may be very upset at the other party when the arbitration starts. That’s normal and okay. But it’s not acceptable to express your feelings by insulting or threatening the other party (or your arbitrator). Doing this is the fastest way to lose your arbitration. You will also probably forfeit your entire account. Would you want to be verbally abused by someone else? Of course not. No one wants to talk with someone who can’t behave professionally. So don’t be that person.
Some people think they can get around this rule by disguising insults as an opinion. For example, they might say, “In my opinion, the other party is the lowest kind of liar in existence”. This is not fooling anyone. Expressing this kind of opinion is a fast way to lose the arbitration. So don’t do it.
- Provide accurate information…
- Lying in arbitration:
You would think this wouldn’t need explaining. But unfortunately some people think that the best way to win is by lying in arbitration. If you tell a lie, you are just delaying the inevitable. If you say “I did the work” and you didn’t, we are going to test it and find out that you didn’t. Then instead of getting a 3 rating, you will receive a -3 for failing testing and have a great chance of forfeiting your account.
Everyone makes mistakes. If you messed up, just be gracious and admit it. Not only is this the right thing to do, but you make it easier on yourself. Lying only makes it harder on yourself.
- Answer the flaw list accurately:
If the project goes for 100% completion testing, the employer will be filling out a flaw list. You will be given a list of possible responses to each one. For example, you might have a choice of: "Yes, it is a cosmetic flaw" or "No, you will not see this flaw in the deliverables". Choose the most appropriate option from the flaw list wizard.
This seems obvious to most people. However, there are some workers who always choose "Other (none of the above apply)" so that they can write the text response that comes with it. Perhaps they feel that if they are persuasive enough, it will better improve their chances. Regardless…picking the wrong choice just so you can write text about it shows that you cannot follow instructions (which is already a strike against you). It will also cause you more work, because the arbitration will then make you do it all over again correctly and choose the correct answers. It also delays the arbitration unnecessarily and doing so more than once can result in forfeiture for that.
So answer the flaw list accurately.
- Answer direct questions with direct answers…
- If the arbitrator asks you a “yes” or “no” question like is “Is the work 100% complete as per the contract, or not” then respond with “Yes” or “No”. Responding with “Yes, but…” or “Yes, except….” forces the arbitrator to assume what you are trying to say.
- Respond in a timely manner…
- Employers and workers are given 3 business days to respond to questions. If responses are not received in that time, your arbitrator may decide to grant a one-time, 3 business day exception. If another response does not come within the 3 business day deadline, you will forfeit the arbitration. So respond on time to avoid an unnecessary loss.
- Don’t continue to argue after you’ve already lost the point...
- Continuing to argue, not following arbitrator instructions, and other inappropriate behavior may result in being forfeited from the arbitration. Sometimes it can be difficult to keep your emotions in check. When that happens, just ask yourself, “Would I do or say this if the person were a co-worker and standing right in front of me”? If the answer is “no” then you should think twice about it.
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