RATP has had a Mediator since 1990, initially as part of an agreement between the company’s executive management and consumer associations. Since 5 January 2016, the Mediator has been designated by a collegiate body comprised of representatives of consumer associations and of RATP.
The Mediator intervenes at the customers’ request to resolve, amicably and free of charge, a dispute that they have with RATP EPIC – or one of its direct or indirect subsidiaries with a contractual agreement to use the RATP Mediator – pertaining to breaches of regulations, the sale of travel passes and tickets, or the quality of service.
An independent service on behalf of customers
Following the application of regulation no. 2005-1033 of 20 August 2015 and its implementing decrees, the RATP Group Mediator, as the company’s mediator, is designated through a transparent procedure by a joint collegiate body, set up by the company and comprised of representatives of certified national consumer associations and employee representatives.
The designation process reaffirms the company’s determination to guarantee an independent and impartial mediation facility.
This independence is reinforced by the special place that the RATP Group Mediator occupies within the company’s organisational chart, and by the allocation of a budget that is both adequate and distinct, and which can in no way be impacted by the recommendations made by the RATP Group Mediator. There is no link between the Mediator’s remuneration and the outcome of the mediation process.
After verification by the Consumer Mediation Evaluation and Control Commission of the conditions under which the designation has been made, the RATP Group Mediator is added to the list of mediators as reported to the European Commission.
Designation
The joint collegiate body that met on June 16, 2022 appointed Emmanuelle Guyavarch as Mediator for the RATP Group, which has contractually decided to use the services of the RATP Group Mediator, for a term of office of four years, renewable under the same conditions.
She thus succeeds Mrs. Betty Chappe, RATP Group Mediator since January 5, 2016.
Mrs. Emmanuelle Guyavarch has skills in the field of mediation as well as a definite interest in consumer law. Throughout her professional career, she has worked to reconcile the points of view between the partners, with a constant concern to find the fairest possible solution for the parties, and in compliance with a legal framework. Her diplomas and professional background are presented in her CV.
Guarantees for all plaintiffs
The RATP Group Mediator’s mission is carried out with diligence and competence, and in a completely independent and impartial manner, within the framework of a procedure that is transparent, efficient and equitable.
To facilitate the resolution of disputes, the Mediator offers plaintiffs a service that is:
• customised,
• easily accessible,
• free of charge,
• rapid,
• and without regard for the financial scope of the dispute.
Equitable treatment
The Mediator respects the right to a fair hearing, which means that each party must have full knowledge of all objections being made by the other party. Consequently, additional arguments are not admissible at a later date.
During the mediation process, the Mediator verifies the facts provided by the customer and ensures that all applicable rules are respected (notably for disputes related to breaches of regulations). Contextual factors are also taken into account. The Mediator may launch an investigation with the pertinent company departments, and may ask the customer for further information.
The Mediator assures each party that recommendations given will take into account all of the factors brought to the attention of the Mediator. As such, the Mediator may not receive any directives from the parties in the dispute.
Should any circumstances arise that could affect the Mediator’s independence or impartiality, or create a conflict of interest, the Mediator is to immediately inform the parties involved and to notify them that they have the right to oppose the continuation of the procedure. Accordingly, if either party refuses to pursue the mediation, the Mediator’s mission is terminated.
Establishment of an annual report
The RATP Mediator compiles an annual report comprised of the following information:
- The number of complaints filed and their nature;
- The issues that most commonly give rise to complaints, and the Mediator’s recommendations on how to avoid them;
- The outcomes of previously issued recommendations;
- The proportion of disputes that the Mediator refused to handle, and an evaluation of the motives for refusal, in percentages;
- The percentage of cases that were aborted and the principle reasons for the interruption;
- The average time taken to resolve disputes;
- The percentage of proposed solutions accepted or rejected;
- If known, the percentage of cases that were resolved;
- For cross-border disputes, the existence of cooperation between mediation networks formalised by an agreement with the European
Consumer Centre signed on 23 February 2015. For any cross-border complaints concerning online purchases, the European online dispute resolution platform can be used to determine the mediator with jurisdiction over the cross-border dispute. The platform is now accessible in all European Union member countries at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
- The percentage of solutions pronounced in favour of the consumer or the company, as well as the percentage of cases that were resolved amicably.
Helping to improve company service
The Mediator sends observations, remarks and questions to RATP and the relevant subsidiaries regarding issues that have been the subject of questioning, complaints or misunderstandings by customers. In this way, the Mediator contributes to improving the service that RATP provides.
Since the RATP Group Mediator is employed and remunerated solely by the company, the following conditions must be met:
• The Mediator is designated by a joint collegiate body comprised of representatives of certified national consumer associations and company representatives, and has no hierarchical or organisational ties with RATP throughout the duration of the mission to mediate disputes.
• The Mediator is clearly separate from RATP’s operational units and has a separate budget, one that is sufficient to carry out the mission.
• At the end of the mandate, the Mediator cannot be employed by RATP EPIC or any of the direct or indirect subsidiaries of RATP EPIC that have a contractual agreement to use the RATP Group Mediator. This caveat holds for a period of three years following the termination date of the mission to mediate disputes.