Special Master

[mstevens1]

In our decree it states that we have to mediate prior to any court proceedings. We mediated with the Special Master and my ex didn't do what we agreed upon in mediation. They stated to me that they don't have to power to enforce so they agreed I could do an order to show cause. I filed an order to show cause and now 4 days prior to the hearing my ex hired an attorney and she wants to strike it saying there wasn't mediation. I have the stipluations from the mediation, but have found that two things that were addressed and settled during mediation and we got billed for she didn't put on the stipulation, but they are on my order. What should I do? Should I proceed with the hearing and request the special master to appear or should I request an affidavit from the special master indicating that they were addressed during mediation?

 

[jharris352]

Subpoena the special master to the hearing. Affidavits without someone to cross examine are not admissible.