Short Answer

Yes—if you fully settle, you can ask the Clerk of Superior Court to dispense with a court-ordered mediation and submit closing paperwork. Until the order is changed, attendance at mediation remains mandatory. Put the settlement in a signed writing, promptly file a consent order or voluntary dismissal, and notify the mediator and the clerk so the mediation can be canceled and the case closed.

Understanding the Problem

You’re in a North Carolina partition case before the Clerk of Superior Court. The court has ordered mediation. You, your sibling, and the co-owner occupying the property now have a buyout proposal that would resolve the dispute before the hearing. Can you skip mediation if everyone agrees?

Apply the Law

In North Carolina, the Clerk of Superior Court may order mediation in special proceedings like partition to promote settlement. Parties who reach a complete settlement can ask the clerk to dispense with mediation and submit closing documents. A settlement reached outside mediation must be reduced to a writing signed by the parties to be enforceable, and the file must be closed by consent order/judgment or dismissal. If a mediator has been appointed, the mediator still needs to report the result, and closing documents should be filed within the program’s timeline.

Key Requirements

• Signed written settlement: Reduce all terms to a writing signed by every co-owner (and anyone whose rights are affected).
• Ask to dispense with mediation: File a motion requesting the clerk modify or dispense with the mediation order because the case has settled.
• Close the file: File a consent order/judgment embodying the terms, or a voluntary dismissal if the special proceeding is resolved.
• Notify and document: Tell the mediator and the clerk the case has settled so the mediator can file a report and the mediation can be canceled.
• Mind fees and deadlines: Pay any applicable mediator/admin fees and file closing documents within the program’s stated timeframe.

What the Statutes Say

• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Authorizes clerks to order mediation and governs procedures, confidentiality, and enforcement.
• North Carolina Gen. Stat. § 7A-38.1 (Mediated settlement conferences) – Sets core mediation principles, including enforceability of signed written agreements.
• North Carolina Gen. Stat. Chapter 46A (Partition) – Establishes partition procedures and the clerk’s role, including case management and orders.
• North Carolina Rule of Civil Procedure 41 (Voluntary dismissal) – Provides the mechanism to dismiss when the dispute is resolved.

Analysis

Apply the Rule to the Facts: Because the clerk ordered mediation, it remains mandatory until the clerk modifies that order. If you, your sibling, and the occupying co-owner reach a complete written settlement on the buyout terms (including a clear price, payoff documentation, and a firm closing window), you can jointly move the clerk to dispense with mediation and submit a consent order to close the case. If the co-owner cannot timely provide payoff documentation, your written agreement can include a fallback to a partition sale and a return date for further orders.

Process & Timing

1. Who files: Any party (ideally jointly). Where: Clerk of Superior Court in the county where the property is located. What: Motion to dispense with mediation; signed settlement agreement; proposed consent order/judgment (or a voluntary dismissal under Rule 41 if appropriate). When: File as soon as settlement is reached and before the mediation deadline; closing documents should be filed within 10 days or by the mediation deadline, whichever is longer.
2. Notify the appointed mediator and all parties of the settlement so the mediator can file the program report; the clerk reviews your proposed consent order and may set a brief review or signature process. County timelines vary.
3. Upon approval, the clerk enters the consent order (or the dismissal is filed), the mediation is canceled, and the special proceeding is closed.

Exceptions & Pitfalls

• If any issue remains unsettled (price, liens, timeline), the clerk may require mediation or a hearing for the remainder.
• An unsigned or incomplete agreement is hard to enforce; ensure all co-owners (and anyone whose rights are affected) sign.
• If a mediator is already appointed, cancellation may still involve reporting and fee obligations; failure to comply can lead to sanctions.
• If the property qualifies as heirs property, statutory buyout and appraisal steps may apply; tailor your consent order to comply with those procedures.
• Confirm all necessary parties received notice in the special proceeding to avoid delays in entry of a consent order.

Talk to a Partition Action Attorney

If you’re dealing with a court-ordered mediation in a partition case but believe you’ve reached a settlement, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.