Complaints and
dispute resolution

Qualifications BA, LLB (Auckland University); Fellow (Mediation) of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ); Professional Member and Accredited Mediator of the Resolution Institute; Harvard Law School (Negotiation Essentials) Experience With over two decades of experience in the legal profession, I combine the expertise of a seasoned litigator with the perspective and skill set of a mediator. During my career, I’ve acted on a range of matters involving the franchise sector, including contractual disputes between franchisor and franchisee. My mediation experience includes high-value, multi-party disputes as well as more sensitive interpersonal disputes. I adopt a pragmatic, commercial, and well-prepared style of mediation. With a strong understanding of the financial and relational pressures that can arise, as a mediator I work with parties to clarify and discuss core issues, before turning to settlement exploration.

Experience Trish was previously a lawyer, but decided to follow her passion and became a full time Mediator. She has been a Mediator for over 30 years. Trish is based in West Auckland, but is happy to travel. Trish has a lot of experience in franchise mediations and dealing with franchise disputes in the Disputes Tribunal. As well as having her own private mediation practice, Trish has been a Disputes Tribunal Referee for 14 years. She is on the mediation panel for the Domain Name Commission, the Telecommunications Dispute Resolution Service, the government Family Dispute Resolution Service and the Law Society. Trish is on the panel of mediators of both AMINZ and Resolution Institute (the two professional mediation bodies in NZ) and is a coach and Assessor for RI. Trish’s mediation style is to assist people to really listen to each other, work out what their issues are and hear what each other needs, so they can create options that will meet their needs and then move forward to reach agreement. Trish’s style of mediation works well for franchise disputes, whether the parties are continuing with the franchise or whether the franchise has ended or is likely to end. Location availability: Trish is based in Auckland, however is happy to provide mediation services anywhere in New Zealand. Online Mediations: Yes.

Qualifications B Com/LLB University of Auckland, Associate Member of AMINZ (the Arbitrators’ and Mediators’ Institute of New Zealand), Qualified Mediator, Notary Public. Experience Past Achievements: Past Chairman of the Franchise Association of New Zealand, 1997-1999, Past Board Member of the Franchise Association of New Zealand, 1995 – 2001, wrote the Rules of the Franchise Association of New Zealand together with the Code of Practice and the Code of Ethics. Stewart is a life member of the Franchise Association of New Zealand and was recognised for Outstanding Contribution to Franchising by the Franchise Council of Australia in 2018. Franchising Legal Experience: Extensive experience in franchising law and licensing since 1980, acts for many overseas companies expanding their businesses into New Zealand; acts for New Zealand franchisors in exporting their businesses overseas; acts for emerging franchisors; provides advice to franchisees; provides advice on intellectual property matters; involved in dispute resolution, particularly mediation, and has acted as a mediator, counsel for a franchisor and counsel for a franchisee. Stewart has taught Franchising Law at the University of Auckland and the Auckland University of Technology; and has given guest lectures at the University of Otago. He has also spoken at conferences in New Zealand, Australia, USA, South Korea and Italy. Stewart strongly believes in mediation as a method for resolving disputes between parties and although he resides in Auckland he will provide services New Zealand wide. Location availability: Stewart is happy to provide mediation services anywhere in New Zealand. Online Mediations: Yes

Qualifications BA(Hons) LLB (Hons) LLM FAMINZ Experience Deborah is an Auckland barrister with over 40 years experience in dispute resolution. Her mediation/facilitation work is a diverse mix of commercial, property, construction, insurance, franchise, local government, family (wills, trusts and estates and relationship property), sports and employment disputes. She has conducted numerous franchise mediations and is very familiar with the particular issues that arise in franchise disputes. Deborah taught Mediation and Dispute Resolution at Auckland University Law School for 10 years and is on a number of mediation panels including the Weathertight Homes Resolution Service, Domain Names Commission , Sport and Recreation Complaints Mediation Service, and the NZ Claims Resolution Service panel. She was an Invited Fellow of the International Academy of Mediators until 2016, is a Fellow, Disciplinary Tribunal and Mediation Panel member of AMINZ and an Advanced Panel and previous Board member of the Resolution Institute. Location availability: Deborah can attend mediations anywhere in New Zealand. Online Mediations: Yes.

Qualifications On mediator panels for all of the following organisations –  AMINZ; Resolution Institute; NZ Claims Resolution Service; Land Acquisition Resolution Service. Professional memberships –  Associate of Arbitrators and Mediators Institute New Zealand (AAMINZ); Professional Member (Mediation) of Resolution Institute (PRI.Med). Experience I have been an accredited mediator for over 20 years and have been involved in a number of mediations involving disputes arising from franchise agreements. I have practised as a litigation lawyer for over 35 years, including cases involving disputes between franchisors and franchisees, so I am very familiar with the cost, delay, expense and risks associated with dispute resolution processes. I draw on this experience to assist the parties to reach commercially sensible outcomes in mediation. Location availability: Glenn is based in the South Island, however is happy to provide mediation services anywhere in New Zealand. Online Mediations: Yes.

Qualifications 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). Distinguished Fellow of the International Academy of Mediators, an invitation-only organisation of the leading commercial mediators in the world (2020). 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). Experience Nina Khouri is a leading New Zealand mediator specialising in the resolution of civil and commercial disputes, including franchise disputes. Her mediations are voluntary, flexible and totally confidential. The goal is to help parties resolve their dispute by full and final settlement agreement on terms that work for them. In every mediation, Nina works closely with the parties and their lawyers to identify and exchange information about the issues causing the dispute, 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 in the lead-up to the mediation and on the day itself. By taking the time to learn about the particular dispute and what’s important to the people involved, Nina can provide a flexible mediation process that maximises the chances of a successful outcome. For more information, including further details of Nina Khouri’s credentials, experience and industry recognition, see www.ninakhouri.co.nz or contact Nina directly. Location availability: Nina is happy to provide mediation services anywhere in New Zealand. Online Mediations: Yes.

Qualifications Master of Laws, Victoria University of Wellington Bachelor of Arts (Political Science), Victoria University of Wellington Advanced Mediation – Complex Disputes, Harvard University Program on Negotiation Mediating the Litigated Case, Straus Institute of Dispute Resolution, Pepperdine University Member of the AMINZ Mediation Panel Experience Hayden is a leading commercial mediator, building on nearly 20 years of experience as a commercial and public law litigation lawyer. He specialises in complex commercial disputes, including the mediation of franchise disputes and contractual issues. Hayden has been a finalist in the New Zealand Law Awards Mediator of the Year category for the last two years. As a mediator Hayden understands that every commercial dispute has its own unique challenges, meaning that formulaic approaches rarely produce the best results. He believes that every dispute has to be approached differently and with an in-depth understanding of the legal, commercial and practical realities that confront the parties.