Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order mediation in a pending partition case under the mediation program for matters before the clerk. File a short motion in the partition file requesting mediation; the clerk can enter an order, the parties select a mediator, and you meet to explore solutions like a buyout, credits for unequal payments, or agreed sale terms. If you settle, the clerk can enter a consent order to implement it; if not, the partition proceeds and a sale may be ordered if division in kind would cause substantial injury.

Understanding the Problem

You are a North Carolina co-owner facing a partition case filed by the other owner, and you want to know how to start mediation to avoid a court-ordered sale. The immediate decision is whether and how to request mediation with the Clerk of Superior Court so you can pursue a negotiated buyout or credits for your greater payments. One salient fact: your deed shows 50/50 ownership even though you paid more of the costs.

Apply the Law

Partition of real property is a special proceeding started and heard before the Clerk of Superior Court. North Carolina’s mediation program for matters before the clerk allows the clerk to order mediation in these proceedings to encourage settlement. After a mediation order, the parties typically select a mediator, attend with settlement authority, and negotiate options such as a buyout, owelty (a balancing payment or lien), credits for carrying costs, or agreed marketing terms. The clerk’s office remains the forum, and the case timeline continues unless stayed; request mediation early, ideally before commissioners are appointed or a sale is ordered.

Key Requirements

• Ask for mediation in the partition file: File a motion requesting mediation; the clerk has discretion to order it in clerk‑jurisdiction matters.
• Select a mediator and schedule: After an order, parties choose a mediator from the approved list or the clerk appoints one if you cannot agree; the order sets deadlines.
• Attend with authority: Parties (and insurers or lenders if needed) must participate in good faith and be able to sign a binding agreement.
• Confidential process: Settlement discussions are confidential; the mediator reports only whether you settled.
• Document the deal: Reduce any settlement to a signed agreement and ask the clerk to enter a consent order (e.g., buyout with credits or an owelty lien, or agreed sale protocol).
• Mind forum limits: Straightforward contribution/credit issues can be resolved by agreement; complex money‑damage claims or equitable defenses may require transfer to Superior Court.

What the Statutes Say

• N.C. Gen. Stat. § 7A-38.3B (Mediation in matters before the clerk) – Authorizes clerks to order mediation and sets program parameters.
• N.C. Gen. Stat. § 1-301.2 (Special proceedings; transfer) – Governs transfer to Superior Court when certain issues are raised.
• N.C. Gen. Stat. ch. 46A (Partition of real property) – Provides the partition framework, including division in kind and sale; specific sections depend on the issue.

Analysis

Apply the Rule to the Facts: Because your co-owner filed a partition seeking sale and your deed shows 50/50 ownership, you can promptly move the clerk to order mediation and propose a buyout that credits your larger mortgage, insurance, tax, and closing payments. In mediation, you can negotiate adjustments or an owelty lien so a buyout reflects unequal contributions. If you reach agreement, the clerk can enter a consent order implementing it; if not, the partition proceeds and a sale may be ordered if division in kind would be harmful.

Process & Timing

1. Who files: Either party. Where: Clerk of Superior Court in the North Carolina county where the property sits. What: File a Motion for Order to Mediate (AOC-G-300) in the partition case; the clerk issues an Order Regarding Mediation (AOC-G-301). When: File as soon as you’re served and before the clerk appoints commissioners or orders a sale; the order will set deadlines to select a mediator (AOC-G-302) and hold the session.
2. The parties confer to select a certified mediator; if no agreement, the clerk can appoint one. You and your co-owner exchange key documents (closing statement, mortgage, tax, insurance, repair receipts) and attend mediation. Typical timeframes are set by the mediation order and may vary by county.
3. If you settle, the agreement is memorialized in writing and submitted for a consent order; any buyout, deed, and owelty lien terms are implemented. The mediator files a Report of Mediator (AOC-G-303). If no settlement, the case returns to the clerk’s regular partition track.

Exceptions & Pitfalls

• Mediation is discretionary; the clerk can deny or order it. If ordered, failure to attend can result in fee shifting or other consequences.
• Come prepared: without payment records, it’s harder to negotiate credits or an owelty lien.
• Raising broad money-damages or equitable claims can trigger transfer to Superior Court, delaying resolution; focus mediation on practical partition solutions.
• Settlement is only binding if signed; ask for a consent order so terms are enforceable in the partition file.

Talk to a Partition Action Attorney

If you’re dealing with a partition case and want to pursue mediation, buyout options, or credits for unequal payments, 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.