Nina Khouri’s mediations are voluntary, tailored and totally confidential. The goal is to help parties resolve their dispute by full and final settlement agreement.

During the mediation, Nina works closely with the parties and their lawyers to identify and exchange information about the disputed issues, to engage in productive debate and strategic analysis of those issues, and to negotiate a settlement. This is done through a combination of joint and private meetings throughout the mediation. This empowers each party to make an informed decision about settlement.

Preparation is essential. Nina asks the parties to her mediations to provide her with background information about the dispute. She also conducts pre-mediation meetings, usually by videoconference or telephone. By taking the time to learn about the particular dispute and what is important to each party, she provides a flexible mediation process that maximises the chances of a successful outcome.

Parties come to mediation to resolve a dispute, but not at any cost. Nina Khouri’s guiding principle as a mediator is that each party must make a well-informed decision about whether and how to settle, acting solely in their own best interests and without pressure from the mediator. Subject to this, she believes that a mediator’s value lies in their ability to work patiently, flexibly and intelligently with the parties to find the agreement that resolves their dispute. Personal integrity is essential; the parties and their lawyers must be able to trust the mediator.

Construction and infrastructure

• Mid-stream construction disputes (getting the build back on track), end of project disputes (resolving variation, retentions, EOT/delay claims) and construction-related liability claims.

• Major projects – public, private and public private partnerships. Recent examples include power stations and electricity distribution, motorways, bridges and roads, industrial warehouses, IT infrastructure projects, diary processing facilities,  wastewater treatment plants, community facilities, community housing, retirement villages.

• Energy infrastructure disputes, including electricity pricing, distribution networks and renewable energy development.

• Disputes arising from residential and commercial construction projects – property developments, commercial office buildings, apartment blocks and standalone homes, new builds and renovations.

• Building disputes between homeowners, builders, local territorial authorities, architects, engineers, surveyors and subcontractors, including weathertightness (“leaky home”) disputes and ground settlement/subsidence disputes.

• Claims involving building insurance schemes.

• Product liability claims involving construction products, including weathertightness failures.

Claims against professionals

• Claims against law firms and barristers, accountants, architects, real estate agents, engineers (civil, structural, electrical, geotechnical, stormwater), surveyors, town planning consultants, insurance brokers.

Information technology

• Cyber-crime (business email compromise, payment fraud, institutional banking practices).

• Public IT infrastructure projects (involving government entities).

• IT start-up and private equity disputes.

• Website and IT system construction disputes.

Insurance

• Professional indemnity claims (lawyers, accountants, architects, real estate agents, engineers, surveyors, town planning consultants, insurance brokers).

• Product liability (for example, defective household goods causing fires, defective construction products, defective farming products causing crop losses).

• Natural disaster insurance claims (see more below).

• Fire claims (cause and origin, fire progression, asbestos, nuisance, fires arising from defective products and services, material damage and business interruption claims).

• Subrogated recovery claims.

• Income protection insurance disputes, including insurance fraud.

• Warranty and indemnity insurance claims.

Natural disaster

• Earthquake – many mediations between property owners and government and private insurers: “first wave” (original EQ damage), “second wave” (defective or inadequate EQ repairs) and “third wave” (negligence claims in connection with the sale of EQ-damaged properties).  Residential, commercial, industrial and publicly owned properties.

• Flooding and landslips – claims between property owners, government and private insurers, territorial authorities and construction professionals.

Public

• Claims against government departments for breach of statutory duty.

• Contract disputes involving government departments.

• Claims against local territorial authorities.

• Claims in relation to public private partnerships and public infrastructure projects.

• Disputes between the Crown and iwi, including with Post-Settlement Governance Entities (PSGE).

Property

• Leases – commercial lease disputes, end-of-lease / make-good disputes, ground lease disputes, leases of Māori land.

• Property development disputes – residential and commercial, developers margin and underwrites, subdivisions and conveyancing.

• Weathertightness disputes – multi party disputes arising from “leaky homes” including claims against vendors, territorial authorities, building professionals (builders, architects, building inspectors, surveyors, subcontractors), and real estate agents.

• Property sale disputes, including claims arising under the ADLS/REINZ Agreement for Sale and Purchase, vendor’s warranties and misrepresentation.

• Body Corporate disputes, including disputes arising from management decisions and levies, insurance decisions, property development and resource management.

• Nuisance claims between neighbours (fire, pesticide, forestry slash, fireworks, property development/farming).

Farming and forestry

• Farming family succession disputes.

• Claims involving crop or animal losses caused by defective farming products.

• Mediation under the Farm Debt Mediation Act 2019 (dairy farming, beekeeping, poultry & feed, horticulture).

• Forestry slash claims arising from severe weather events.

• Crown/iwi disputes in relation to forest ownership and management.

Intellectual property, media and defamation

• Digital marketing and intellectual property / misuse of confidential information.

• Media licensing and royalty disputes.

• Defamation involving public figures.

Trusts, estates and relationship property

• Disputes between trustees and beneficiaries.

• Estate disputes involving Family Protection Act 1980 claims, claims under the Law Reform (Testamentary Promises) Act 1949 and claims of incapacity and undue influence.

• Estate disputes involving inter-generational businesses such as family farms.

• Estate disputes involving blended families.

• Proactive succession planning in family-run businesses.

• Relationship property disputes.

Company, partnership and franchise

• Venture capital and private equity investment disputes, including share sale price adjustment and earn-out disputes.

• Shareholder disputes, including within closely held companies.

• Claims against company directors.

• Partnership disputes (law firms, accountancy firms, construction firms, medical practices).

• Franchise disputes (manufacturing, consumer services, real estate agencies).

• Employment / restraint of trade / misuse of confidential information.

General

• Freight logistics (warehousing and transport).

• Medical, dental and pharmacy commercial practice disputes, including government funding, contracts and partnership/shareholder disputes.

• Consumer goods and services contracts.

• Commercial disputes between government departments and private providers of government services (hospitals/health, tertiary education, IT services, dispute resolution, community housing).

• Insolvency and recovery of bank and finance company lending.

• Foreign direct investment in mining.

• Supermarket ownership and operation.

“Many thanks again for all of your help yesterday. It was great to settle the claim and you played a key role in making that happen.” (Lawyer, 2025)

“You were a fantastic mediator – prepared, direct, full of empathy, and focused on bringing the parties together.” (Lawyer, 2024)

“I was hoping you could pass on my thanks and gratitude to Nina Khouri for her actions as the mediator on the day. Nina’s interactions with [our] team were highly professional and respectful and her insights and guidance to both parties showed why she is so well regarded as a mediator.” (Party to mediation, 2024)

“Thanks for everything yesterday. I thought you did a terrific job, as with our last mediation. I’ve passed that feedback on to others in chambers.” (Lawyer, 2024)

“We believe that you took the time and trouble to read through everything that was sent to you so you could completely understand the situation, from both sides, and took a definite interest in the situation [and were] therefore able to be very active in achieving the best that could be achieved at the mediation, which in this case, was to be able to get us all to bring this case to an amicable settlement […]. You gave us a lot of ideas, means, ways, and guidance to help us work through things to come a conclusion that we are happy with. You made things, from our point of view, very calm, relaxed, and also helped to keep our morale up, which of course makes it easier to think in a better, clearer way.

We believe that without the above assistance from you, the outcome at the mediation could have been a lot different, in a negative way for us.

We are also very grateful for your help in going between the parties with offers and arranging the “Counsel to Counsel” meetings towards the end. This was of great help to [us], and we believe this was also extremely instrumental in us arriving to the settlement and putting an end to this matter so all, including the defendant, can put it behind us and move forward without this “hanging over our heads”.” (Party to mediation, 2024)

“I just wanted to reach out to thank you again for pouring in so much effort, thoughtfulness and care into our mediation process yesterday. You really went above and beyond, and I know everyone involved was incredibly grateful for the way you navigated the process with us. You were amazing.” (Party to mediation, 2024)

“Thank you again for your help on Thursday. [My colleague] and I were very impressed and grateful for your skillful and patient management of the issues and dynamics. Our insurer client and [insured] are equally grateful, and relieved to have this resolved. It was a pleasure to work with you.” (Lawyer, 2024)

“I just wanted to take a moment to thank you so much for mediation, in the way you lead this difficult case.  Your empathy, grace, poise, humor and strength held me and the group as a whole, beautifully through an emotional day and night.  We could not have picked a better person for this role.” (Party to mediation, 2024)

“I wanted to send you a brief note to say how impressed I was by how you ran the mediation on Thursday. It is not a simple matter, and you managed the complex issues and positions of the many people involved with admirable skill, calm and empathy. Many thanks.” (Lawyer, 2024)

“I just wanted to say a big thanks for yesterday, I can’t put into words how grateful I am and mum to be able to move on with our lives and start a new chapter. You were so professional and I saw how hard you worked to get a resolution, which wasn’t easy, thank you from the bottom of our hearts.” (Party to mediation, 2024)

“Thank you for your perseverance over two mediation days in relation to this tricky case. It was gratifying to see all parties relieved and pleased to reach a resolution yesterday.  Thank you for your assistance to get there.” (Lawyer, 2023)

“I would like to thank you for your professionalism in everything leading up to the day and, on the day itself, your guidance and ability to lead us to a resolution.  Having had no previous experience with legal matters of this kind I found the whole process quite overwhelming, and felt fortunate to have people like [my lawyer] advising and you clarifying the process and mediating.  Thank you especially for your support throughout the day.” (Party to mediation, 2023)

“Thank you very much for your time and efforts yesterday. Your skills allowed the matter to settle. I was most impressed with your attention to the pre mediation set up. It allowed us to understand each other’s positions from the very start and led in to a successful outcome.” (Lawyer, 2023)

“We really appreciate the energy you put into this matter, particularly your efforts to maintain momentum and to reach agreement in the days following the mediation. We look forward to working with you again in the future.” (Lawyer, 2023)

“I wanted to drop you a note to thank you for your hard work and efforts in getting us to an outcome at this mediation. I am sure that it was no small imposition to have to change flights and stay longer than expected in Chch. You also masterfully managed the tech, which was no small feat.

Settlement was a much better outcome for all parties than going to trial. It was touch and go on a few occasions throughout the day/night but your interventions, which were well timed and well-pitched, kept the parties moving towards and ultimately reaching a great outcome.” (Lawyer, 2022)

“This is a brief note to express my most sincere thanks to you for your professionalism and hard mahi in conducting my mediation last Wednesday.  What a challenging day! And night!

I’m also very grateful to you for recognizing me as a real person and validating my experience through this whole leaky home nightmare. I can’t tell you the sense of relief and joy I felt arriving home 2a.m. yesterday morning knowing that chapter is behind me, and it’s with a profound sense of liberation that I can now get on with enjoying life again.” (Party to mediation, 2022)

“I just wanted to thank you for your tireless dedication before and during the mediation. I really appreciated your approach and will certainly be recommending you to others in need of a first-class mediator.” (Lawyer, 2022)

“Just a quick note to say thank you for the time, effort and the skill you put into it.  [My clients] thought you were wonderful and so did I, you’re the best mediator that I’ve had by a long shot.” (Lawyer, 2022)

“I would just like to say a big thank you from myself and my family for what you did as mediator in resolving our dispute. None of us wanted to go to court and we are all happy with the outcome except for the fact of the very late night. Again thank you and all the best for the future.” (Party to mediation, 2021)

“Just a quick note to say thank you for your involvement and expertise in steering the parties through the gamesmanship and getting to a decision.” (Party to mediation, 2021)

“Thank you very much for your assistance yesterday and being prepared to put in the extra hours helping us so that we could all settle and move on.” (Lawyer, 2021)

“Sincere thanks for your assistance and understanding. We appreciate everything you’ve done to assist resolution. We’re elated to move on from this and look to the future. We’ll be back in our little house from February and working our way through a repair plan from there so it absolutely feels like the start of a more positive journey.” (Party to mediation, 2020)

“Your assistance yesterday was invaluable. Mediation constantly surprises me.  I really didn’t think we would get to where we ended up yesterday.” (Lawyer, 2020)

“This is a belated thanks for your efforts at the [X] mediation. Dealing with the people on Zoom added an extra layer of difficulty and I was really impressed with how you ran the process. Our client also really appreciated your skill and determination.” (Lawyer, 2020)

“[My wife] and I are writing to express our thanks for all of your work over the mediation process we were recently involved in. Your professionalism and empathy were so evident throughout what was a long and arduous day. To end up with a settlement was testament to your skills as a mediator. We admired the way you impartially presented the facts enabling all parties to view them through the other sides’ lens.” (Party to mediation, 2020)

“Thank you for your great work yesterday, good outcome for all […].  Nice to go to site today and not to have this matter hanging around unresolved.” (Party to mediation, 2019)

“Thanks again for your efforts on Monday – we wouldn’t have got there without you. Your input and advice as to how to best present the offers, particularly later into the evening, was absolutely invaluable and was instrumental in getting us to a resolution.” (Lawyer, 2019)

“Thank you for your expert guidance in achieving a successful mediation outcome last Friday. Your ability to keep all parties engaged in the process over a marathon fifteen hours was very impressive and much appreciated by [my colleague] and me.” (Party to mediation, 2019)

“Thanks Nina and many thanks again for your efforts in this matter. I am confident we would not have got to this point so quickly without your valuable input.” (Lawyer, 2019)

“We appreciate your guidance and persistence, which enabled us to get this settled. [Our clients] are delighted to be able to have Christmas and enter into the New Year without the weight of this claim on their shoulders.” (Lawyer, 2019)

“[We] wish to express a grateful thank you very much for the excellent, well run mediation. We appreciated your availability at short notice and your willingness to engage in a friendly, welcoming and very professional manner with all of us.” (Party to mediation, 2018)

“Thanks for all your efforts: it was not an easy mediation but you quietly and efficiently shepherded us across the line at the end.” (Lawyer, 2018)

“Our sincere thanks for convening and running the mediation on Monday and Tuesday. Your professionalism, attention to both parties issues and your leadership throughout the process was very much appreciated.” (Party to mediation, 2018)

“We just wanted to send you a quick message to thank you for all that you did last Monday. This time last week was the most intense day of our lives and despite it feeling so horrible for us we felt so supported with having you there as our mediator.

“We are so grateful for your calm presence, support and advice, we feel very lucky that we had you in the room with us.  You have an amazing gift and we can’t thank you enough for all that you did for us last week.”  (Party to mediation, 2018)

Nina is available as a facilitator in commercial and legal settings, in appropriate cases. Please contact her for more information.

Nina holds various governance and leadership roles in addition to her dispute resolution practice.  She is open to discussing new governance and leadership opportunities.

She currently holds leadership roles supervising the implementation and delivery of a $300 million proactive settlement process for several thousand policyholders of Southern Response Earthquake Services Ltd (related to the  2010/2011 Christchurch earthquakes and the Ross v Southern Response class action), with the International Academy of Mediators in its Scholar-in-Residence research programme, with the International Mediation Institute accrediting mediation and mediation advocacy training programmes and as a trustee of the Spencer Mason Trust, a charitable trust awarding scholarships for postgraduate study in law.

She has previously served on the board of Resolution Institute (then LEADR), with the Institute for Judicial Studies (responsible for the continuing legal education of judges of the New Zealand High Court, Court of Appeal and Supreme Court) and with St Matthew-in-the-City, a progressive Anglican church in the Auckland CBD.

Nina Khouri charges a fixed fee per day of mediation, plus travel expenses from Auckland and disbursements such as venue hire if required. The fee includes all preparation. All disbursements are estimated in advance.

For a mediation fee estimate and a copy of her standard mediation agreement, or for a fee estimate for expert conferencing, facilitation or governance work, please contact Nina Khouri.