Jennifer Egsgard is a neutral mediator who helps people resolve conflict efficiently and on their own terms.

A lawyer since 2002, Jennifer mediates contract, commercial, insurance, employment, personal injury, product liability and other disputes.

About Jennifer

Jennifer is available for virtual and in-person mediations. Advocates who have used Jennifer as a mediator have said that she has "tremendous skills with dealing with complicated parties and situations", a "high level of skill and natural aptitude", and is able to "gain the trust of both sides".

Jennifer completed the Harvard Negotiation Institute program "Mediating Commercial Disputes" in Boston, an executive education course at Harvard Law School, and the "Mediator Skills Training" course in London, U.K. with the Centre for Effective Dispute Resolution. Her early training also included shadowing leading commercial mediators in Canada, the U.K. and the U.S., and she was recently quoted in UK Government press release announcing their inaugural mandatory mediation program. She has been appointed as a Canadian mediator on the London-based Centre for Effective Dispute Resolution international mediator panel.

Jennifer’s legal career included over five years practising civil litigation at Fasken, where she was Vice-Chair of the ADR Practice Group, and six years running her own practice. Her broad mediation practice reflects the diversity of her legal experience. She has acted as counsel for both plaintiffs and defendants in a wide variety of dual and multi-party cases including claims involving negligence, product liability, professional liability, breach of contract, trademark, wrongful dismissal, personal injury, unjust enrichment, nuisance, defamation, occupier’s liability, negligent and fraudulent misrepresentation, landlord/tenant disputes, procurement challenges, director’s liability, estates, liability for environmental contamination, quasi-criminal environmental defence, private international law, refugee law, immigration detention and appeals, international trade and energy law. She has also provided advice and been invited to speak concerning foreign anti-corruption compliance and developing corporate social responsibility norms. The cases on which Jennifer has worked involve a broad range of industries including real estate, energy, insurance, technology, advertising, hospitality, entertainment, sports, transportation including railway, food products, construction, mining, not for profit, retail and manufacturing, including automotive and automotive part manufacturing. She recently lived in London, UK, where she worked with leading UK mediators, barristers and the Centre for Effective Dispute Resolution in developing a new mediation facility for resolution of ESG disputes.

Jennifer is regularly invited to speak on issues such as multi-party mediation strategy, active listening, mediation in real estate disputes, mediation policy, and advocacy in mediation by various organizations globally, including the American Bar Association, UK Civil Justice Committee, Judicial ADR Liaison Committee, Scottish Mediation, Canadian Corporate Counsel Association, Prospectors and Developers Association of Canada, a legal team at a major multinational healthcare company, and the Ontario Bar Association.

She provides consultancy services to the Centre for Effective Dispute Resolution in London and organizes monthly professional development webinars for the International Academy of Mediators, arranging for leading international mediators to speak on cutting-edge mediation-related topics. She has coached mediation to law students on a pro bono basis at Small Claims Courts in Ontario, run mock mediation for students at the School of Law, Centre for Commercial Law Studies, Queen Mary University of London and Osgoode Law School in Toronto, and was hired to provide training to mediators at the Ontario Ministry of Government and Consumer Services.

Through the Ontario Bar Association Jennifer has chaired and co-chaired two major multi-section initiatives, culminating in the OBA’s submission to the Ontario Government recommending expansion of mandatory mediation, and an OBA report highlighting the lack of diverse mediators and arbitrators in Ontario and providing concrete recommendations to address the problem. As a result of her work with the OBA on mandatory mediation, Jennifer is frequently asked to speak to government and civil society groups internationally about Ontario’s mandatory mediation program. The UK Government quoted Jennifer in their press release announcing an inaugural mandatory mediation scheme.

Approach

Jennifer uses a variety of mediation techniques to address the issues and dynamics that arise in each unique conflict. Whether it is helping parties to consider legal and evidentiary strengths and weaknesses, costs and risks of proceeding with litigation and underlying interests and solutions that address them, or actively listening to detect hidden issues, Jennifer constantly assesses what is required. She employs these and other tools depending on the often-changing needs of parties in considering a solution for their conflict. Jennifer appreciates that a mediator’s preparation can be critical to success and thoroughly reviews all submitted material prior to each mediation. She is respectful yet persistent in her efforts to help parties reach settlement. Jennifer offers pre-mediation conferences with counsel to address informational gaps and party dynamics, allowing the subsequent mediation process to be tailored for the particular dispute. Where mediations do not settle, she follows up with counsel and facilitates further settlement discussion where desired.

Jennifer appreciates working with people of different backgrounds, having grown up in a small town in Ontario, and later living in Manhattan, Washington DC, Switzerland, the United Kingdom, New Mexico, Toronto and Jaipur, India.

Jennifer Egsgard
Lawyer & Mediator

Fees

Fees are determined based on the complexity and nature of the matter, and number of parties involved. Please contact info@egsgardmediation.com, 647 799 1028 for more information on the fees applicable for your dispute. Fees include all preparation time.

Availability

Jennifer’s availability is listed here.

Book A Mediation

After obtaining available dates, book a mediation by emailing info@egsgardmediation.com with the following information:

  • preferred mediation date(s) and time;
  • half or full day;
  • preferred location for mediation (if known);
  • style of cause and court file number;
  • contact information for counsel; and
  • nature of the dispute and amount at issue;

You will receive written confirmation of a booked mediation. Cancellation fees will be charged if a mediation is cancelled within 30 days of a booked mediation date.

Testimonials

Select Speaking Engagements and Publications

"In-House Insights into Arbitration and Mediation: What External Counsel Should Consider"

Co-Chair of Panel Discussion, The Advocates’ Society, April 17, 2024

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"Preparing for and Advocating at Mediation"

Speaker, Toronto Lawyers Association, February 20, 2024

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"How to Be Effective as Counsel at Mediation"

Panellist, January 18, 2024, Law Society of Ontario

"Preparing for and Advocating at Mediation"

Presentation to Law Firms and In-House Legal Departments at Various Dates and Locations.

"Preparing for Success in Arbitration and Mediation"

Panellist, Jun 13, 2023 Canadian Bar Association Panel Discussion

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Facilitator for session, "Preparing Parties for a Successful Joint Session", in conference, "Mechanics of Mediation: Preparation Creates Success"

Hosted by the International Academy of Mediators, Winkler Institute, Osgoode Professional Development · May 11, 2023

"Neutral Diversity in Ontario: A Roundtable Discussion"

Panel co-chair, Ontario Bar Association Webcast, December 14, 2022

"Experience of Mandatory Mediation"

UK Civil Mediation Council, November 16, 2022

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"Resolving Environmental, Social and Governance Disputes – A Roundtable led by Dr. Karl Mackie"

Centre for Effective Dispute Resolution, October 11, 2022

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Coaching Mock Mediation

Osgoode Hall LLM Programme, September 20, 2022

Jennifer Egsgard Quoted by UK Government in Press Release Announcing New UK Mandatory Mediation Program

July 26, 2022

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"Neutral Diversity in Ontario"

Co-Chair of Ontario Bar Association Working Group that produced this report

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Panellist discussing mediation of ESG disputes, "Future of Private International Law in Asia"

Asian Principles of Private International Law, March 23, 2022

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"Remedy Mechanisms Workshop", panellist

Environmental and Social Responsibility Society of Canadian Institute for Mining, February 23, 2022

"Active Listening: A Key Tool in Legal Work"

Presentation to global legal team of a major multinational healthcare company, June 8, 2021

"Should Mediation be Mandatory? Mandatory mediation: an impossible contradiction? Not in Ontario, Canada"

UK New Law Journal, March 19, 2021

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"Mandatory Mediation in Ontario, Canada: Popular 20 Years On"

Webinar for Scottish Mediation, based in Edinburgh, Scotland, March 8, 2021

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Lecture and Running Mock Mediation

School of Law, Centre for Commercial Law Studies, Queen Mary University of London, London, United Kingdom, March 28, 2021

Active Listening Community Workshops

London, United Kingdom, Various dates October 2020 – February 2021

"Expanding Mandatory Mediation in Ontario"

Ontario Bar Association Submission to the Attorney General of Ontario, September 9, 2020
Jennifer chaired the OBA Joint Committee which drafted the submission.

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"Can Mediation Work if it is Mandatory?"

Webinar for MediateGuru, more than 500 attendees from around the world, September 3, 2020

"ADR Clauses and Employment Contracts: Impact of Uber v. Heller"

August 27, 2020, Program Co-Chair of Ontario Bar Association Alternative Dispute Resolution Panel.

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"Mandatory Mediation in Ontario: Taking Stock After 20 Years"

Ontario Bar Association Publication, July 16, 2020

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"CORONA CONFLICT RESOLUTION"

New Law Journal (UK), June 17, 2020

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"Mandatory Mediation in Ontario, Canada"

Presentation to UK Civil Justice Committee, Judicial ADR Liaison Committee, London, UK, April 2, 2020

"ADR Clauses and Employment Contracts: How to Avoid Costly Litigation"

June 13, 2019, Program Chair of Ontario Bar Association Alternative Dispute Resolution Panel.

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"What is the next level for business and government in promoting responsible enterprise? The role of the Canadian Ombudsperson for Responsible Enterprise (CORE)"

March 3, 2019 Panellist discussing dispute resolution in the natural resource context, Prospectors and Developers Association Canada Conference.

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"Common Pitfalls in Real Estate Transactions: A Mediator’s Perspective"

February 7, 2019, OBA Institute Program, Real Property Section.

"How confidential is your mediation, anyway?"

Advocates’ Journal, Winter 2018 Issue.

"Valuable Strategies for Managing Multi-Party Disputes"

October 30, 2018, Panellist, Ontario Bar Association, Alternative Dispute Resolution Section.

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"Surprise at Small Claims Court: Mediation the Morning of Trial – Osgoode Law School Pro Bono Program"

ADRIO Update, Fall 2018, p. 20.

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"Business and Government Promoting Responsible Enterprise: The Role of the Canadian Ombudsperson for Responsible Enterprise ("CORE")"

May 30, 2018, Panellist discussing dispute resolution in the natural resource and international business context, University of Ottawa and the International Commission of Jurists, Ottawa.

Frequently Asked Questions

How should parties prepare for the mediation?

With their lawyers, parties should prepare for mediation by taking a hard look at their case and reviewing its strengths and weaknesses. Parties and counsel should also consider the costs, risks and benefits of going to trial, and a range of acceptable settlement possibilities.

What will happen at the mediation?

Mediation provides an opportunity for parties involved in litigation to control how their conflict will be resolved. Unlike a trial, where an uncertain outcome will be imposed by a judge or a judge and a jury, a case at mediation will not be resolved unless every party agrees to the settlement terms.

While every mediation is a little different, many mediations begin with a meeting between the parties to the litigation, their lawyers and the mediator. The mediator will explain the process and purpose of the mediation to the parties. In some cases, the parties and their lawyers may speak to summarize their positions; other times the mediator will summarize the party positions. From there, the parties may remain together to discuss the issues, or they may break out into separate rooms to discuss the case with their own counsel and with the mediator. Parties can expect that the mediator might: spend time making sure all parties are mutually understood; discuss and possibly evaluate the strengths and weaknesses of all sides of the case, providing a "reality check"; talk about the specific risks of continued litigation; discuss offers being exchanged between the parties; explore settlement options that might not be available through litigation; and help the parties craft language to translate an idea into a settlement agreement.

What is your cancellation policy?

No cancellation fee will be charged for mediations cancelled 30 days or more before the scheduled mediation date. Mediations cancelled 8 to 30 days before the mediation will be charged 1/3 of the agreed mediation fee. Mediations cancelled 2-7 days before the mediation date will be charged 1/2 of the agreed mediation fee. Mediations cancelled within 24 hours of the mediation will be charged the full agreed mediation fee. Parties will also be charged any applicable facility cancellation fee. No mediation fee will be charged if counsel involved arrange for a different mediation to take place on the date of the cancelled mediation.

What is included in your mediation fee?

The mediation fee includes all time spent preparing for and attending the mediation for the scheduled length of time. Travel fees may be included depending on the location; please consult with Jennifer.

The mediation fee does not include: services tax, additional mediation hours in excess of what was originally booked, any facility rental fees, food or disbursements.

Jennifer L. Egsgard
Lawyer & Mediator

First Canadian Place
100 King St. West, Suite 5700
Toronto, Ontario, Canada
M5X 1C7

Canada: +1 647 799 1028
Fax: +1 647 361 8560
Email: info@egsgardmediation.com