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Longtime Summit County court mediator retires
SHERRY KARABIN
Legal News Reporter
Published: August 29, 2014
He’s worn many legal hats over the years, but 64-year-old Frank Motz said the one that has offered the most comfortable and satisfying fit is that of mediator.
“Mediation gives those directly involved in the conflict a chance to resolve their own cases,” said Motz, chief mediator in the Summit County Common Pleas General Division Court. “When people resolve their own disputes they are more likely to be satisfied with the results.
“It’s wonderful rewarding work. People really appreciate what you do and you feel really good about having done it.”
Born in Akron, Motz attended Ellet High School, getting both his bachelor’s degree in secondary education and law degree from The University of Akron. He began his career as an intake officer at Stark County Family Court. He also served as Stark County defender, spent six years in private practice and held the position of Stark County chief juvenile prosecutor.
Motz first delved into mediation in 1990 as a private independent contractor, a position that he continues to hold today. Six years later, he was enlisted by Ohio Supreme Court Chief Justice Thomas J. Moyer as the consultant charged with helping to set up the first general division common pleas court mediation programs in Ohio.
“I spent four years as consultant, creating three pilot programs the first year that were so successful we added 10 new courts each of the next three years,” said Motz. “Today there are court mediation programs in almost every common pleas general division court in Ohio.
“When my job ended with the Ohio Supreme Court, I had the good fortune to be called upon to serve in the Summit County program,” he said. “The county had taken it upon itself to create its own model based on what we were doing.”
Fast-forward by 15 years and Motz is bidding the court farewell. His last day was today, Aug. 29.
“It has been wonderful running the mediation program all these years,” he said.
“Our model program is based on the idea of having mediators located in the court. That way people have the option of trying the case or going into the mediation room to discuss a settlement.
“Having in-house court mediators also allows you to monitor the quality of the mediation so that it is not only unbiased but is perceived that way as well. Unlike going to trial, you are guaranteed confidentiality by going through a mediator.”
Motz said during his years with the court over 10,000 cases were settled.
“Most cases are resolved with a two-hour session compared to at least one day or a week or more of clerical and trial time.”
He said all types of cases are handled in mediation ranging from automobile accidents and medical malpractice to wrongful death matters. A few years ago, foreclosure was added to the roster as well.
Today there are four mediators in the Summit County Common Pleas General Division Court, including Motz. “I have mediated the most cases. Sometimes we co-mediate which is a great way to learn from one another and make sure we follow all the techniques.”
Motz said people often come into mediation believing there is no possibility things can be settled. “What happens is that the process allows them to learn things they did not know before they came in. As a mediator, it’s part of our job to help them communicate with one another.
“We also treat everyone with the utmost respect and listen to both parties so that they get a chance to get things off their chest. We put people at ease and help them resolve whatever negative feelings they have about settling so they feel more comfortable reaching an agreement with one another.”
About 65 percent of all cases referred are settled, said Motz. “There is an amazing difference between how people come into mediation under the burden of pending litigation and how they behave afterwards, as if the weight of the world has been lifted off of their shoulders,” he said.
“I think we have one of the best court mediation programs in the state in large part because the judges really believed in the concept of in-house court mediators and have been totally supportive of the program.”
Motz recalled an instance where two businesses were suing one another for breach of contract. “The parties were two businessmen and one claimed the other owed it a lot of money. After a couple hours, one of them suggested we try and settle the case in a way that would enable both businesses to make money on the settlement.
“The defendant agreed to pay the plaintiff and the plaintiff agreed to purchase some of the defendant’s product and because the purchase was so large the defendant gave them a reduced price. Everyone benefited.”
After the case was settled, Motz said he began using that same technique to resolve other matters between businesses.
“Frank began early in the program and he has done an excellent job,” said Frank G. Mazgaj, a partner at Hanna Campbell & Powell and a member of the committee that set up the mediation program in Summit County.
Mazgaj said Motz mediated over 100 of his cases, resolving more than half of them.
“I have been fortunate to be among the attorneys with the most experience in mediating cases with Frank,” said Mazgaj, who specializes in personal injury and medical malpractice defense work.
“Frank’s number one asset that many mediators overlook is the ability to listen,” said Mazgaj. “He never tried to force his opinions on the parties. He focused on facilitating the dialogue and making certain that all of the parties understood the strengths and weaknesses of their cases.
“Not only is Frank a well- respected mediator, he is a fine human being.”
Summit County Court of Common Pleas General Division Judge Tom Parker first got to know Motz about 15 years ago. At the time, Parker was practicing at Roetzel & Andress and Motz was the mediator assigned to his client’s case, a scenario that happened many times while Parker was an attorney.
He always had a wonderful way of listening to people involved in the dispute,” said Parker. “Once he understood what was going on, he was very effective at helping people comprehend the value of reaching a compromise or a settlement.
“As judge I referred cases to him for mediation, especially those where people needed a good listening ear from a court official. I do think the court will miss him.”
“Frank is very honest and true to the principles of mediation,” said Cheryl Hollis, a mediator who has worked with Motz for the past 15 years in the Summit County Common Pleas General Division Court. “What I admire about Frank and what I have been fortunate to learn from him is the distinction between mediation and a settlement conference.
“Mediation is designed to empower the parties to reach an agreement; there is less focus on the individual parties in a settlement conference,” said Hollis. “Frank has stayed true to this process. I will miss him very much. I have been missing him ever since he announced that he was leaving.”
Motz will be moving to Sarasota, Florida with his longtime wife, Randi, who is also retiring from her job as clinical director of Child & Adolescent Behavioral Health in Canton. However, Motz said he doesn’t plan to stay out of the game entirely.
In addition to spending more time with his family, including his two daughters, Allison and Rachel, and grandchildren, Alona and Jonathan, he wants to continue to teach. He has been a senior mediation instructor at The University of Akron since 1993.
“I am someone who loves life and loves doing all kinds of things,” said Motz. “Some of my future activities will be volunteer and some may be employment related. I would like to get involved in mediation again. I won’t know what opportunities are available until I get there however.”
Kandi O’Connor, former judicial attorney and magistrate for Summit County Common Pleas Judge Amy Corrigall Jones, officially took over for Motz on Aug. 18. Her new title is interim chief mediator and assistant magistrate.
As interim chief mediator, O’Connor said she would be working with the judges in the general division to evaluate the mediation department so that she could make recommendations about how it might operate in the future.
“The program has served the court very well and my goal is to build on that and make the mediation process even better,” said O’Connor. “I am seeking input from local attorneys and participants in the mediation process to help evaluate the program. I will also be researching programs around the state of Ohio to determine what makes them successful.”
Her role as assistant magistrate will entail working with Summit County Common Pleas General Division Court Chief Magistrate John N. Shoemaker, conducting arraignments, civil protection order and other hearings as needed.
“Frank worked with the Supreme Court of Ohio to create the mediation program for Ohio courts so Summit County was extremely lucky to have him come here 15 years ago,” said O’Connor. “He was a great asset to the court and he will be missed.”