1. Introduction
This Dispute Resolution Policy outlines the procedures for resolving disputes arising from transactions facilitated through Nogofar’s escrow services. This policy emphasizes initial offline dispute resolution efforts, with online resolution mechanisms available if offline resolution is unsuccessful.
2. Scope
This policy applies to all escrow transactions conducted through Nogofar, encompassing both online and offline escrow services.
3. Definitions
- Dispute: A conflict between the buyer and seller regarding the terms, execution, or outcome of an escrow transaction.
- Escrow Agreement: The contract defining the terms and conditions of the escrow service.
- Dispute Manager: The individual or team responsible for overseeing and resolving disputes.
4. Dispute Resolution Procedure
4.1. Initial Offline Resolution
- Notification of Dispute:
- Reporting: Either party (buyer or seller) must notify the other party of the dispute in writing within the specified days of the issue occurring as agreed in the agreement form
- Details Required: The notification should include a clear description of the dispute, relevant documentation, and any proposed solutions or actions taken.
- Offline Communication:
- Direct Negotiation: The parties are encouraged to communicate directly to resolve the dispute amicably. This can be done through phone calls, in-person meetings, or other offline methods.
- Resolution Attempts: Both parties should make reasonable efforts to reach a mutually acceptable resolution. They are encouraged to document their discussions and agreements.
- Mediation (Optional):
- Third-Party Mediation: If direct negotiation does not resolve the dispute, the parties may choose to engage a neutral third-party mediator to facilitate the resolution offline. The mediator’s role is to help both parties find a compromise.
4.2. Escalation to Online Resolution
- Request for Online Resolution:
- Escalation Criteria: If the dispute remains unresolved after 3 days of offline attempts or if the parties agree to escalate, either party can request online resolution.
- Submission: The requesting party must submit a formal online dispute request to Nogofar via their escrow dashboard
- Online Dispute Resolution Process:
- Acknowledgment: Nogofar will acknowledge receipt of the online dispute request within 2 business days with a confirmation dispute email
- Information Gathering: The Dispute Manager will review all relevant documents and information from both parties.
- Online Mediation: An online mediation session may be scheduled where both parties present their case, and the Dispute Manager facilitates discussions to reach a resolution.
- Formal Resolution Proposal: If mediation does not resolve the dispute, a formal resolution proposal will be drafted and shared with both parties for review and approval.
- Arbitration (if necessary):
- Arbitration Request: If online mediation and negotiation do not resolve the dispute, the matter may be escalated to arbitration.
- Arbitrator: An independent arbitrator will be appointed to review the case and provide a binding decision.
- Implementation: The arbitrator’s decision will be implemented by Nogofar and documented accordingly.
5. Documentation
- Record Keeping: All communications, agreements, and resolutions, both offline and online, will be documented and stored securely.
- Access: Parties involved in the dispute can request access to documentation upon written request.
6. Confidentiality
- Confidentiality: All information related to the dispute and resolution process will be kept confidential, except as required by law or necessary for implementing the resolution.
7. Policy Review
- Review Cycle: This policy will be reviewed periodically to ensure it remains effective and compliant with current regulations.
- Feedback: Feedback on the dispute resolution process can be provided to Nogofar through [feedback channels].
8. Contact Information
- Dispute Manager Contact: [Name, position, email, phone number]
- General Inquiries: [Email, phone number]