Legal issues relevant to mediation practice in Aotearoa: update and discussion

with Nina Khouri, Hayden Wilson, Nic Scampion and Trevor Slater

This workshop will be in two parts. In the first part we will discuss legal developments relevant to mediation practice in New Zealand, including:

  • a suite of new statutes providing for mediation — the Farm Debt Mediation Act 2019, the Trusts Act 2019, Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 and the Canterbury Earthquake Insurance Tribunal Act 2019 — and what they demonstrate about the current place of the mediation process in New Zealand’s civil justice framework;
  • the current law relating to s57 of the Evidence Act 2006 (privilege for settlement negotiations and mediation), including the findings of the Law Commission in its second review of the Evidence Act 2006 and relevant High Court decisions;
  • the recent United Nations Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention”) and its implications for mediation practice in New Zealand;
  • developments in the law of apology legislation; and
  • cost sanctions for refusing to mediate.

The second part will be an informal discussion of any legal issues participants are encountering in their mediation practices. For example, have you got questions about your mediation documentation, confidentiality, professional indemnity insurance or the Resolution Institute complaints process? The presenters can’t give personal legal advice but bring along your curly issues and we will work through them together as a group.


Nina Khouri
Mediator

Nina Khouri is a mediator specialising in civil and commercial disputes. She is also an Academic Fellow at the University of Auckland Faculty of Law, where she teaches and researches in dispute resolution and civil justice.

She holds law degrees from the University of Auckland and New York University, sits on the International Standards Commission of the International Mediation Institute (accrediting mediator and mediation advocate training programmes from around the world) and is a Fellow of the International Academy of Mediators.

She also serves by ministerial appointment on the independent oversight committee established to supervise the large-scale resolution of certain Canterbury earthquake claims against the insurer Southern Response.

More information is available at www.ninakhouri.co.nz.


Hayden Wilson
Partner and Mediator,
Dentons Kensington Swan
New Zealand

Hayden Wilson is the Chair of Dentons Kensington Swan and a member of the Dentons Global Board. With over 20 years’ experience as a litigator and a mediator, Hayden specialises in the resolution of commercial and civil disputes. His practice also includes complex relationship property, employment and public law disputes.

Hayden initially trained with LEADR (as Resolution Institute then was) and completed further training with Pepperdine University in California, and most recently completed the Advanced Mediation - Mediating Complex Dispute programme at Harvard University. Hayden is a member of both the Resolution Institute and AMINZ mediation panels, the Franchise Association mediation panel and the NZDRC panel.


Nic Scampion
Barrister and mediator
Shortland Chambers


Nic is a barrister (Shortland Chambers, Auckland and Tanfield Chambers London) and mediator. He trained as a mediator with CEDR in London and was accredited in 2009.

Nic has been appointed to national mediation panels and has been engaged by a variety of clients in a variety of disputes. His interest is primarily commercial mediation. Further details are at: http://www.shortlandchambers.co.nz/barristers/nic-scampion and https://www.nicscampionmediation.com.


Trevor Slater
Chief Operations Officer

Resolution Institute

Trevor supports the CEO in the management of Resolution Institute including the Aotearoa New Zealand office and the membership and IT team. He also oversees risk management and complaints against members and supports member committees.

Trevor has worked in dispute resolution for over 20 years, specialising in commercial mediation and financial dispute resolution. He is also a highly experienced trainer with accreditations in multiple brain integration techniques (mBIT) and neuro linguistic programming (NLP).