Jan72026
Partition Action Q&A Series

Can we schedule a hearing date while still trying to settle or mediate, and can we cancel it if we reach an agreement? – North Carolina

Short Answer

Yes. In North Carolina, it is common to keep a partition case moving by scheduling the next court event while the parties continue settlement talks or mediation. If the parties reach a written settlement, they can usually ask the Clerk of Superior Court (or the Superior Court judge, depending on where the case is pending) to take the hearing off the calendar and enter an agreed order or dismiss the case.

The key is timing and paperwork: a hearing typically is not “automatically” canceled just because the parties are negotiating, so the court needs prompt notice and a clear written agreement.

Understanding the Problem

In a North Carolina partition action involving jointly owned real property, can a party set a hearing date with the Clerk of Superior Court (or a Superior Court judge) while the parties are still trying to settle or mediate, and what happens to that hearing if the parties later reach an agreement about the property and disputed credits such as alleged carrying costs?

Apply the Law

North Carolina partition cases often move in stages, and the court can address different issues at different times (for example, whether partition in kind is possible, whether a sale should be ordered, and later steps related to sale procedure and confirmation). At the same time, North Carolina law allows parties to pursue mediation during the partition proceeding, and the court can order mediation in appropriate situations. Practically, parties often schedule the next hearing to avoid delay, then request a continuance or removal from the calendar if settlement is reached.

Key Requirements

  • Keep the case on a track: A scheduled hearing date can preserve momentum and reduce the risk that the case sits without action while negotiations stall.
  • Use mediation the way the statute allows: The parties may agree to mediate at any time during the partition proceeding, and the court may order mediation in certain partition-sale situations before deciding whether to order a sale.
  • Finalize settlement in writing and notify the court: To reliably cancel a hearing, the parties typically need a written, signed settlement and a filed request (or proposed consent order) so the Clerk/judge can remove the matter from the calendar or continue it.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The dispute involves co-owners of a property and disagreement about credits for alleged carrying costs. In that setting, scheduling the next partition hearing can help prevent delay and added carrying costs while the parties attempt mediation under the partition mediation statute. If the parties reach agreement (for example, on a buyout amount or how to handle claimed credits), the hearing can usually be taken off calendar by promptly filing a consent order or a written request to continue/cancel, depending on the county’s local practice and the stage of the case.

Process & Timing

  1. Who files: Either party (often through counsel). Where: The Office of the Clerk of Superior Court in the county where the partition action is pending (or the Superior Court division if the matter is before a judge). What: A motion to calendar the matter for hearing, or a request for hearing/setting under local practice; and if settlement is reached, a consent order and/or a motion to continue/remove from the calendar. When: As soon as a hearing is needed for the next decision point in the case; if settlement is reached, the request to cancel/continue should be filed immediately and well before the hearing date.
  2. Mediation while the hearing is pending: The parties can schedule mediation by agreement, or ask the court to order mediation where appropriate. Even with a hearing date set, mediation can proceed; if mediation produces a signed written agreement, the parties can present it to the Clerk/judge and request that the hearing be removed or converted into a brief “consent” hearing if the court wants to enter an agreed order.
  3. Closing out the case: Depending on what the agreement requires, the parties may (a) ask for entry of a consent order implementing the settlement (for example, directing a deed transfer or setting terms for a sale/buyout), and then dismiss remaining issues, or (b) dismiss the case once all settlement steps are completed. The court’s calendar typically is cleared only after the court receives a filed request and acts on it.

Exceptions & Pitfalls

  • “We settled” is not enough without a signed writing: In court-connected mediation settings, enforceable settlements generally must be reduced to writing and signed. A last-minute verbal agreement can still leave a hearing on the calendar and a dispute about terms.
  • Local calendar rules vary: Some counties require a specific form or a specific method (for example, contacting the trial court coordinator or filing a written motion) to remove a matter from the calendar. Assuming an email or informal message “cancels” the hearing can create problems.
  • Partial settlements can still require a hearing: If the parties agree on some issues (like whether to mediate) but not others (like carrying-cost credits or sale vs. partition in kind), the court may still need to hold the scheduled hearing unless the parties request a continuance and show good reason.
  • Transfer/assignment concerns: Whether a matter stays with the Clerk of Superior Court or is heard by a Superior Court judge can depend on the issues being raised and the procedural posture. Scheduling and cancellation procedures can change depending on which forum is handling the next event.

Conclusion

In North Carolina, a party can generally schedule the next hearing in a partition action while the parties continue settlement talks or mediation, and the hearing can usually be removed from the calendar if the parties reach a written, signed agreement. The practical rule is that the court must be notified and asked to act; negotiations alone do not cancel a hearing. The next step is to file a written request (often a consent order or motion to continue/remove) with the Clerk of Superior Court as soon as the agreement is signed and before the hearing date.

Talk to a Partition Action Attorney

If a co-owner dispute is headed toward a partition hearing while settlement or mediation is still on the table, an attorney can help keep the case moving without creating avoidable costs and can make sure any agreement is documented and presented to the court correctly. 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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.