Caryn Aughtmon Van Matre

Caryn Van Matre

Sometimes, despite our best efforts, a client is suffering such hurt that they are not able to accept the advice of counsel. In this particular matter, settlement came through the mediation process with my client receiving the vast bulk of all marital assets. That did nothing to relieve the emotional hurt suffered by my client due to the break of her marriage. I advised that counseling would likely help her heal from that trauma. I did my best to offer her a sounding board for her to express her feelings about her husband, however I had to maintain my role as her family law advocate. At all stages I keep my clients apprised of the law and circumstances of their case. I had consultations with the client individually and with a family member she wanted involved with the process. Despite my advice regarding earlier resolution of the case, the client rejected the advice. Ultimately, through the mediation process an agreement was reached that was clearly advantageous to my client's interests. For the benefit of all readers, mediation is the process of settlement discussion with a certified family law mediator. Most all family law litigants must participate. Its is a highly effective tool to help parties resolve their disputes without the risk and expense of trial. No one is forced into a settlement agreement. Settlement often comes after a compromise is reached, meaning that each party likely moved in some way from their original position. Therefore, no mediated settlement agreement is perfect from any one client's perspective. While there is emotion involved, logic and rational thought has to guide the attorney in the process. Otherwise we are not effective in protecting our client's interest. Never is it my intent to show a lack of empathy. And never do I have a client execute a settlement agreement unless they understand the advantages of the proposal. I assure that this is the case by carefully reviewing the proposal with them and discussing their options. The mediator, while not crossing the line of giving legal advice, is also there to make sure that the client knows that they are not being forced into settlement. This case was no different.