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 is designated by a collegiate body comprised of representatives of consumer associations and of RATP.
The Mediator intervenes at the plaintiff’s request to resolve, amicably and free of charge, a dispute that he or she has with EPIC RATP – or one of its direct or indirect subsidiaries with a contractual agreement to use the RATP Mediator – pertaining to violations, the sale of travel passes and tickets, or the quality of service.
An independent service on behalf of passengers
Following the application of regulation no. 2005-1033 of 20 August 2015 and its implementation decrees, the RATP 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 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 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 Mediator is added to the list of mediators as reported to the European Commission.
At the 5 January 2016 meeting of the joint collegiate body, Ms. Betty Chappe was designated as the Mediator for RATP and the direct and indirect subsidiaries of EPIC RATP with a contractual agreement to use the services of the RATP Mediator. The appointment is for a renewable, 4-year term.
Ms. Betty Chappe is skilled in mediation and possesses good legal knowledge, notably in the consumer area. Her educational and professional background are presented in her CV.
Guarantees for all plaintiffs
The RATP 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:
- easily accessible,
- free of charge,
- and without regard for the financial scope of the dispute.
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 plaintiff and ensures that all applicable rules are respected (notably for violation-related disputes). Contextual factors are also taken into account. The Mediator may launch an investigation with the pertinent company departments, and may ask the plaintiff for further information.
The Mediator assures each party that her recommendation will take into account all of the factors brought to her attention. 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 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;
- If known, the percentage of cases that were resolved;
- For cross-border disputes, the existence of cooperation between mediation networks;
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://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
- h)The percentage of solutions pronounced in favour of the plaintiff or the company, as well as the percentage of cases that were resolved amicably.
Helping to improve company service
The Mediator sends her 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 and its subsidiaries provide.
Since the RATP 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 her 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 her mission.
- At the end of her mandate, the Mediator cannot be employed by EPIC RATP or any of the direct or indirect subsidiaries of EPIC RATP that have a contractual agreement to use the RATP Mediator. This caveat holds for a period of three years following the termination date of her mission to mediate disputes.