An Amicus Attorney May Not Also Be A Mediator

It’s not uncommon for an Amicus Attorney or Guardian Ad Litem to assist in settling contentious divorce or child custody proceedings. This, however, does not allow them to take on the role of mediator per the Tyler Court of Appeals.  In In re E.B. (Tyler Court of Appeals Cause No: 12-17-00214-CV) the parties to a divorce entered into an agreement that contained all the requirements of a mediated settlement agreement except it had been brokered by the Amicus Attorney.  The Husband changed his mind and revoked his consent to the agreement. The appeal court agreed that he could do this since the Amicus Attorney’s role in the case was specifically defined and could not be construed as being that of neutral third party which is how the appeals court defined the role of the mediator.