Mediation arbitration confusion

My brains are fried
*Covert narc wealthy husband turned down via his attorney my proposal to agree to voluntary binding arbitration outside the Court.
*I initiated BB divorce last February, and told case will be heard 1st time before Judge no sooner than November or after.
*Now I’m hearing it is required/mandatory?) to go thru Mediation (before assigned Judge calls our case)
In 10 yrs of marriage, evil doer husband financially “starved” me, crushing me emotionally to the hilt. Have zero savings… Having to borrow on an equity loan on my own old home in near ruin.
*Would have to borrow to pay cost of this required court mediation which I well know would not go anywhere other than the blood sucked further out of me. Also, he turned down a settlement offer flat. Can see narc husband’s strategy of planning to drag this out for the long run hoping at my age of seventy six, I will run out of money, be done in emotionally and/or health wise as the stress of what i’m enduring is beyond brief description.
***Can I refuse mediation, and make a motion to the court, for court ordered arbitration??? and if somehow possible what in my plea would sway a judge to agree?**strong text

Some counties require mediation prior to cases being heard before a judge. This requirement comes in the form of a court order.

For example, in equitable distribution cases in Wake County, there is a Scheduling & Discovery Order that orders the parties to attend a mediation session and sets a deadline for that to occur.

You could file a motion to be relieved of the mediation requirement, but you would need a very, very good reason as to why you shouldn’t be required to participate in mediation and it’s unlikely that such a motion would be successful.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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