John Hardie Profile Page
John Hardie

Mediator Profile

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PO Box 29599, Fendalton
Christchurch
New Zealand
03 366 3557
021 687 994
John has been a practising mediator for over 15 years. He initially trained with LEADR in 1995, and is currently the only South Island member on its Advanced Panel.

He has combined mediation work with his practise as a barrister since that time. As most of his work is by solicitor referral, continuing in practise has been helpful in maintaining a thorough working knowledge of contract, tort, commercial, estate and environmental law, these being the predominant areas in which his mediation disputes arise.

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 principally in the areas of commercial, family (estate) and environmental disputes. 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.

As a matter of professional ethics, he never provides details of individual mediations. John regards lists of mediated cases in that category.

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.

Since being admitted to the LEADR panel 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 and 2011 he attended conferences on dispute resolution.
• In 2011 he trained with Robert Benjamin, a leading mediator from the United States.

He has been involved in LEADR at either a local or national level for some of the time since his initial training. He has also assisted with training for that organisation, and presented lectures and seminars on the subject for other organisations, including the New Zealand Law Society.

Mediator Information

1976 (NZ); 1983 (UK)
Administration, Architecture, Banking, Commercial, Construction, Contract, Copyright, Corporate, Employment, Engineering, Environment, Family, Franchising, Industrial Relations, Information Technology, Insurance, Intellectual Property, Local Government, Maritime, Media, Product Liability, Professional Liability, Property, Resources, Securities, Succession, Tort, Trade Practices, Trusts
Barrister
LLB; Post Graduate Dip Law
$5,000+GST. Neg for non-commercial mediations
in the hundreds
each mediation averages about 7hrs
many
Northland, Auckland, Bay of Plenty, Waikato, Taranaki, Hawkes Bay, Poverty Bay, Manawatu, Wairarapa, Wellington, Nelson, Marlborough, Canterbury, West Coast, Otago, Southland