Sparklz, what Ebay should do and what actually happens are 2 different things.
This is my experience - If the buyer opens a dispute and then if the buyer or seller then ask Ebay to step in, the Ebay system automatically closes it within seconds in favour of the buyer. Nobody at Ebay reads the messages between the buyer and the seller in the dispute when Ebay is asked to step in. The seller also earns a second defect on that transaction for case not resolved by seller. You can then appeal, but it is my expereince that Ebay sides with the buyer, no matter what, and then you are stuck with the 2 defects for that transaction, although Ebay says that you only earn one defect per transaction, in cases where the case is resolved not by the seller, you do in fact earn 2 defects.