John Hardie


Present Position

Mediator, Barrister

Professional Experience

John has combined mediation work with his practise as a barrister since 1995. In the last 2 years he has spent over 600 hours in mediation, and would have completed over 100 mediations in that period. Those mediations covered a wide variety of subject matter, but were predominantly concerned with commercial disputes. Many involved insurers in their representative capacity.

John has been undertaking mediation work for the Government dealing with weathertight home issues since the inception of the Weathertight Homes Tribunal and mediation service in 2002. So he is well versed in all issues that arise from building problems, including the opinions of experts who advise on such matters. He is also the legal advisor to the GCCRS and IDRS, which is the service set up by the Government to assist in the resolution of outstanding earthquake claims.

As to mediation style, John believes that the role of the mediator is determined by the subject matter of the dispute. But much of his mediation relates to commercial disputes where matters of fact and law are in issue. In those circumstances, his role would not simply be described as a "facilitator" of discussion between the disputing parties. He is prepared to challenge the views of parties on both law and fact, and believes in the power of private caucusing where much of that discussion is likely to take place. It is not a case of settlement at all cost, but every effort must be made to examine the stumbling blocks to settlement to find a path forward.

Career Summary

John has been a practising mediator for over 20 years. He initially trained with LEADR in 1995, and in addition to membership of AMINZ, he is a Fellow of the Australasian based Resolution Institute.

Appointments

Legal Advisor for the GCCRS and IDRS (Greater Christchurch Claims Resolution Service).

Mediator on the leaky homes Weathertight panel

Speciality Areas

commercial disputes, building disputes, environmental disputes, testamentary claim disputes

Qualifications

Since completing his training in 1995, John has undertaken additional training on a regular basis. To give some examples;

  • In 1997 he undertook courses with Dr Dudley Weeks and Professor Robert Baruch Bush from the United States;
  • In 1998 Christopher Moore of CDR Associates, Boulder, Colorado;
  • In 2002 he attended the Bond University Masters Class in Wellington;
  • In 2004 he attended the Auckland advanced program run by Judy Mares-Dixon of CDR Associates;
  • In 2005 a two day course with Gary Fitzpatrick from Canada;
  • In 2006 he attended American Dr Julie Turchin's course on the Psychology of Mediation and Negotiation;
  • In 2008 he attended a course by American J Anderson Little "Negotiating claims for money".
  • In 2009, 2010, 2011, 2012, 2013, 2015, 2016, and 2018 he attended conferences on dispute resolution.
  • In 2011 he trained with Robert Benjamin, a leading mediator from the United States.

He has himself been involved in mediation training, and has presented lectures and seminars on the subject, including for the New Zealand Law Society. He has also taught mediation in overseas countries.

EQC Mediation Profile

John lives in Christchurch, and therefore has a homeowners personal experience of earthquake issues. He has been a practising mediator for over 20 years. He initially trained with LEADR in 1995, and in addition to membership of AMINZ, he is a fellow of the Resolution Institute. John has combined mediation work with his practise as a barrister since that time. In the last 2 years he has spent over 600 hours in mediation, and would have completed over 100 mediations in that period. Those mediations covered a wide variety of subject matter, but were predominantly concerned with commercial disputes. Many involved insurers in their representative capacity. John has been undertaking mediation work for the Government dealing with weathertight home issues since the inception of the Weathertight Homes Tribunal and mediation service in 2002. He is also the legal advisor to the GCCRS and IDRS set up by the Government to resolve outstanding earthquake claims. So he is well versed in all issues that arise from building problems, including the opinions of experts who advise on such matters. More detailed information can be found on his website www.johnhardie.co.nz.