Nina Khouri Mediation - About Nina Khouri
Broad-ranging mediation experience in New York, London, and throughout New Zealand. Particular expertise in property, construction, professional negligence/breach of fiduciary duty, insurance (including natural disaster insurance, income protection insurance and liability insurance), product liability, general commercial (including retail and real estate), partnership, company, general contract, tort and trust disputes.
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ABOUT NINA KHOURI
ABOUT NINA KHOURI
Experience
  • Broad-ranging mediation experience in New York, London, and throughout New Zealand. Particular expertise in property, construction, professional negligence/breach of fiduciary duty, insurance (including natural disaster insurance, income protection insurance and liability insurance), product liability, general commercial (including retail and real estate), partnership, company, general contract, tort and trust disputes.
  • Barrister sole of the High Court of New Zealand (admitted 2004, barrister sole since 2016). Formerly with Russell McVeagh and Gilbert Walker, specialising in civil litigation, particularly contract, negligence and insurance litigation.
  • Legal academic, teaching and research in dispute resolution, civil justice, evidence and advocacy.

 

Nina Khouri first began mediating in 2005 at the Brooklyn Night Court, while she was reading for her LLM at NYU School of Law. She then worked in the United Kingdom at the Centre for Effective Dispute Resolution (CEDR), one of the largest commercial mediation organisations in the world. There she qualified as a CEDR mediator and was fortunate to work and mediate alongside some of the UK’s top commercial mediators. She then returned to commercial litigation practice in New Zealand, specialising in contract, negligence and insurance litigation and representing clients in the Supreme Court, Court of Appeal and High Court and in numerous mediations. She became a pro bono mediator of complaints against lawyers for the New Zealand Law Society, and began lecturing in dispute resolution at the University of Auckland Faculty of Law. In 2011-2012 she spent a year as a Visiting Professor at the University of Western Ontario Faculty of Law in Canada, where she taught dispute resolution and contract law. She returned to New Zealand in 2013 to a permanent senior lecturer position at the University of Auckland Faculty of Law, where she taught dispute resolution (at undergraduate and Masters level), evidence and advocacy and researched in the areas of dispute resolution and civil justice. During this time she was increasingly instructed to mediate civil and commercial disputes throughout New Zealand. She now mediates full time but maintains an academic connection with the University of Auckland Faculty of Law. (See Legal Academia below.)

Qualifications
  • BA/LLB(Hons), University of Auckland (2003).
  • LLM in dispute resolution and legal theory, New York University (Fulbright and Vanderbilt Scholar, 2006).
  • Barrister sole of the High Court of New Zealand (admitted 2004, barrister sole since 2016).
  • Accredited mediator: Centre for Effective Dispute Resolution (UK, 2006), Resolution Institute (formerly LEADR) (Australia/New Zealand, 2008), accredited under the National Mediation Accreditation Scheme of Australia (2014).
Recognition and Appointments
  • Mediator of the Year finalist, New Zealand Law Awards 2017 and New Zealand Law Awards 2018.
  • Various academic awards, including the Legal Research Foundation Sir Ian Barker writing award for the best article published by a New Zealand author in 2014, for her article “Sorry Seems to Be the Hardest Word: The Case for Apology Legislation in New Zealand” [2014] NZ L Rev 603, the Auckland District Law Society prize for the law student with the best overall academic record, 2004, and a Fulbright Scholarship and NYU Vanderbilt Scholarship, 2005-2006.
  • Governing board of LEADR New Zealand (now Resolution Institute) from 2007 to 2013.
  • Now serving on the International Standards Commission of the International Mediation Institute, accrediting mediator and mediation advocate training programmes from around the world.
  • Academic member of the Higher Courts Education Committee of the Institute of Judicial Studies, responsible for organising continuing education of the judges of the Supreme Court, Court of Appeal and High Court of New Zealand.
  • Pro bono mediator for the New Zealand Law Society Complaints Service.
  • Ministry of Business, Innovation and Employment, Weathertight Services Mediation Panel.
Legal Academia
  • Nina Khouri has lectured undergraduate law students at the University of Auckland Faculty of Law in negotiation, mediation and dispute resolution theory and practice for over 10 years. She also teaches mediation law, theory and advocacy at Masters level.
  • Between 2013 and 2018 she was a permanent senior lecturer at the Faculty of Law, teaching and researching in dispute resolution, civil justice, evidence law and advocacy. In 2018 she transitioned to an Academic Fellow role to enable her to mediate more. She continues to teach and research in dispute resolution in an adjunct capacity.
  • During her time at Auckland Law School Nina coached the Law School’s team for the international commercial mediation advocacy competition run by the International Chamber of Commerce in Paris. This is an international competition for law and business students in which they are required to solve complex cross-border commercial disputes through mediation. Her teams placed second overall in 2013, in the top eight in 2014, second overall in 2016 and in the top four in 2017. She now acts as a mediator and judge at the Asia-Pacific commercial mediation competition organised by the International Chamber of Commerce in Australia.
  • Nina has also lectured in dispute resolution and contract law in Canada, as a Visiting Professor at the University of Western Ontario Faculty of Law (2011-2012).
Publications

Nina Khouri regularly publishes and speaks at conferences in New Zealand and overseas on topics relevant to the theory and practice of mediation and mediation advocacy, as well as the broader civil justice context. She also writes on the law of evidence. See, for example:

 

  • N Khouri “Mediation” [2018] NZ L Rev 101. Nina Khouri writes the Mediation subject review in the New Zealand Law Review. This summarises and comments on legal updates relevant to the theory and practice of mediation in New Zealand.
  • E McDonald, S Optican and others Mahoney on Evidence: Act & Analysis (Thomson Reuters, Wellington, 2018).  This is the leading text on the law of evidence in New Zealand.  Nina is responsible for writing the portions of the text concerning the law of privilege and confidentiality.
  • N Khouri “Civil justice responses to natural disaster: New Zealand’s Christchurch High Court Earthquake List” (2017) 36 (3) CJQ 316 (available here).
  • N Khouri “Should you “lay bare your soul”? The shifting landscape of mediation privilege in New Zealand” (2016) 27 ADRJ 11.
  • N Khouri “Sorry Seems to Be the Hardest Word: The Case for Apology Legislation in New Zealand” [2014] NZ L Rev 603 (winner of the Legal Research Foundation Sir Ian Barker writing award for the best article published by a New Zealand author in 2014).
  • N Khouri & M Dew “International commercial mediation under the spotlight at UNCITRAL [2016] NZLJ 322 and N Khouri & M Dew “International commercial mediation and the UNCITRAL initiative” [2017] NZLJ 21.