Fair way to handle things if the goods don't show up?

[FreeTrade]

Sorry, this is a repost, I think I posted it on the wrong subforum last month so it didn't get any replies.
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Imagine the following scenario on an eBay-like BTC site.

Seller lists item for sale on site.

Buyer purchases item and sends website BTC to hold in escrow.

A month passes, buyer complains the item didn't show up. Seller insists he sent it, but has no proof of dispatch.

What to do with funds in escrow?

What's a fair policy to handle this.

[Coinabul]

I know that there was an escrow service that in that situation would donate the bitcoins to charity.