Law360 Canada (June 17, 2026, 11:00 AM EDT) --

Jennifer Egsgard

Used by hostage negotiators, journalists, mediators and others, active listening provides a shortcut to developing trust and understanding between people. For lawyers, its application is professionally significant: those who listen actively stand to develop stronger client relationships, gain clearer insight into client needs and are better positioned to provide effective representation. This article surveys what active listening is, why it works and how to do it.

Active listening is the process by which a listener periodically summarizes what a speaker is saying. A cornerstone skill of the Harvard mediation course I took in 2017, I regularly use it as a technique after a surprisingly effective first try in one of my early mediations. The parties had exchanged offers and we seemed to have reached an impasse, having covered discussions about the law and other matters. I decided to listen actively to the corporate defendant, regularly summarizing what he was saying, and I found he was willing to talk — and talk. Twenty minutes later he sat back in his chair in relief, declaring, “It felt so good to get that off my chest — I haven’t told anyone some of that. Let’s just up our offer and get this over with.” The matter settled shortly after and so began my great respect for active listening, as well as my curiosity about why it works.

On a practical level, active listening forces listeners to slow down and really listen to the content of what someone is saying. So often when we purport to be listening, we are busy reacting: judging, feeling defensive, preparing a snappy reply, identifying a time when the “exact same thing” happened to us or coming up with a solution. To reflect back what someone has said, we are forced to actually listen, not just when they start talking but all the way until they are finished.

Because active listening makes speakers feel deeply understood, it is easier for them to become more open and trusting in conversation. Knowing that they no longer need to advocate for their grievances because that work is complete, speakers become open to hearing other perspectives.

Not content with these common-sense explanations, given the power of active listening I had witnessed, I did some further searching for answers. I came across neuroscience studies reporting that, for speakers who are being listened to, the reward centres of their brain are activated in the same way as if they had received money. For those actively listening, the prefrontal cortex of the brain is being used — the rational portion that helps with planning and decision-making.

Other research showed that speakers perceived those who were actively listening to them more favourably, as more competent and as possessing a greater level of prestige. Additional studies showed that active listening caused speakers to become more understanding of their own thoughts, better able to see multiple perspectives, less defensive and more likely to engage in problem-solving behaviour.

All of these findings tracked what I had been witnessing in my own mediations and life. When I was still practising law, I found that actively listening to clients resulted in their sharing a great deal more about their motivations and concerns, allowing me to better represent their interests. Using it as a parent and friend seemed to reduce conflict and increase trust. Being perceived as more prestigious (or so the research promised) didn’t seem to hurt either.

How to do it?

For those interested in experiencing all of these benefits, here are the steps involved in active listening:

Listen: The hardest part of active listening is … actually listening. Try to feel genuinely curious about the speaker’s perspective. When you notice yourself being distracted, bring your focus back to what the speaker is saying. This takes continual effort.

Check that you understand: Periodically summarize the basic thrust of what the speaker has said to make sure you are understanding them correctly. You don’t need to agree with them. You don’t need to repeat what they’ve said word for word — that would quickly become awkward and annoying. You might say something like, “I just want to stop you to make sure I understand what you are saying…”

Correct your understanding: If the speaker corrects you, summarize the new information until you’ve got it right. The powerful part of active listening is the speaker’s experience of someone finally paying attention, not that you have summarized things correctly the first time.

Don’t change the narrative: In a normal social or client conversation, it’s appropriate to ask questions or offer ideas. When actively listening, however, it’s not the time to jump in with solutions or chase down a question about a story or legal issue that is perplexing us. The goal is to follow the speaker in what they believe is important and not (or not yet, anyway) cause them to change course based on our own narrative needs. I have sometimes found that what I think is important is not what a speaker is trying to tell me. By distracting them with my own questions or input, I can lose their willingness to share what matters to them.

Rest assured that trying to actively listen for the first time will definitely feel awkward — but may still be experienced as powerfully effective by those speaking.

In a world rife with misunderstanding, social media silos and anger-based algorithms, active listening offers an antidote: deliberate and meaningful human connection — which can form the basis of so much that is worthwhile (and improve your client relationships, too).

Jennifer Egsgard mediates commercial, employment, intellectual property, tort claims and other disputes. Her approach draws on insight from 18 years of Ontario legal practice and an exclusively mediation-focused career since 2019. A Harvard-trained mediator and Distinguished Fellow of the International Academy of Mediators, she brings perspective, preparation and persistence to every dispute. www.egsgardmediation.com. Subscribe to her newsletter, The Mediation Brief, or contact her via email here.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

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