Panelist Spotlight: Hal Gray

With more than three decades of experience on American Arbitration Association® panels and over 25 years as a mediator, Herbert H. (Hal) Gray, III has long been a trusted figure in the field of dispute resolution. His leadership and expertise have earned him recognition across the legal and arbitration communities, including service as President of the College of Commercial Arbitrators and Fellowship in both the American College of Construction Lawyers and the American College of Civil Trial Mediators. Most recently, his distinguished contributions were recognized with the prestigious Chief Justice Harold C. Clarke Award from the Georgia Supreme Court Commission on Dispute Resolution. 

In this Q&A, Hal shares insights from his remarkable career, reflects on the evolution of arbitration and mediation, and offers guidance for the next generation of neutrals.

Q: Can you tell us about your professional background? What led you to mediation, and what areas of law or types of disputes have you worked with most frequently?

Hal: I have served on AAA Arbitration Panels since the 1980s, having been appointed to the Construction Panel by India Johnson when she led the AAA office in Atlanta. About 25 years ago, construction lawyers in Atlanta began asking me to mediate. They knew me as both an advocate and an arbitrator and felt comfortable reaching out for mediation. Most cases I mediate these days are construction-related, although I occasionally handle commercial matters. I prefer to mediate within areas where I have substantial legal experience, choosing not to take on matters outside my core practice areas.

Q: What inspired you to become a mediator, and how did you come to join the AAA’s mediation panel?

Hal: My mother was a social worker—someone who understood that when people need help, they may not even realize it. I view the role of a mediator in much the same way. Many people don’t know that mediation exists; if they do, they often don’t understand what it offers or how it works. As mediators, we provide people with a way out of crisis—especially when they are emotionally upset and confused. I joined the AAA Mediation Panel because, through my experience as an AAA arbitrator, I have long believed in the organization’s mission and wanted to contribute to its efforts in the field of mediation.

Q: What do you find most meaningful or rewarding about your work as a mediator with the AAA?

Hal: After working as an advocate and an AAA arbitrator for several years, I realized that most parties involved in dispute resolution have little understanding of where they actually find themselves. It’s not just the financial burden of paying lawyers, experts and other costs that concern them—it’s also the opportunity cost of being a party to the dispute, along with the emotional and mental toll it takes. As a mediator, I try to help them see the non-economic side of the conflict and encourage them to factor that into their decisions about how to proceed. By the time I’m involved, most parties are already in arbitration or litigation, so they have some first-hand experience with what I’m describing—but often haven’t fully considered it. I explain that there is a way out—a way to make it all go away: settle the case.

Hal: Having served as an arbitrator for over 30 years, I have a solid understanding of how arbitrators—both as finders of fact and as writers of awards—view the evidence and arguments presented to them. That, in turn, gives me insight into how a particular dispute will likely play out before an arbitrator or a panel. This perspective lends credibility to my role, especially with counsel—credibility that mediators without that experience often do not possess.

Q: What advice would you offer to parties or their counsel to help them prepare effectively for mediation?

Hal: Lawyers: Please explain to your clients what mediation is—and what it is not. Please also describe the role of the mediator. Too often, valuable time in a mediation conference is wasted because I have to explain to a party what mediation involves and what they should expect—simply because counsel hasn’t done so thoroughly. It is far more efficient for me to summarize what they’re about to experience if it’s the second time they’ve heard it!

Resume 

For more information on Hal Gray’s professional background, view his resume.