Learn about court-ordered arbitration and mediation, types of cases, process, and more. Under North Carolina law, an intended "third party beneficiary" of a contract may enforce the terms of the contract, including its arbitration provision.The arbitrator may arrange a mediation conference under principles stated in the North Carolina District Court and Superior Court mediation statutes and rules. North Carolina is among at least nine States with legislation permitting agreements to arbitrate family law cases. Here's a closer look at how the process works, and tips for preparing your case for a courtordered arbitration (specifically in North Carolina). Definition and form of arbitration agreement. Counsel are expected to value their cases reasonably without Court involvement. Unless the parties otherwise agree, the mediator may not be an arbitrator in the present case. 9. Record of Arbitration. Scratch unconscionability off the list of likely arguments to make to avoid arbitration.