In August, 2018, the State Bar of Texas Professional Ethics
Committee issued an opinion regarding attorney-mediators writing a settlement
agreement.
Their conclusion is that if a Texas attorney, acting as a
mediator, does NOT violate the Texas Disciplinary Rules of Professional Conduct
by preparing and providing the parties a draft of a written agreement that
memorializes the terms of the parties; settlement reached during the course of
the mediation or by suggesting additional terms for inclusion in the draft
agreement.
Here is the link
This opinion also references Opinion 583 that was issued in
September 2008, that concluded that a lawyer may NOT agree to serve both as a
mediator between parties in a divorce and as a lawyer to prepare the divorce
decree and other necessary documents to effect an agreement resulting from the
mediation. Because a divorce is a litigation proceeding, a lawyer is NOT
permitted to represent both parties in preparing documents to effect the terms
of an agreed divorce.
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