DannyHamilton Thank you for your post, it actually shows how much freedom gives this scheme to the escrow parties.
Lets imagine a scenario here...
I:When the product arrives, I claim that...
Before to claim something we need to have irrefutable proof or to have a good reputation, otherwise our words will be empty.
No matter which you choose, I get to keep the product and you lose both your product and your money.
You get to keep the product but lose twice as much as it costs.
II:No matter which you choose, you lose some of your money. I *might* lose 1 BTC...
You will lose not only 1 BTC, but also your reputation (that was claimed above) which is usually worth more than a single purchase.
What is important:
1) no matter what I choose, it will be
my decision (based on the truth), and only I will responsible for it;
2) in any possible scenario I will have a chance to punish the scammer.