ARBITRATION
Mr. Low has served as an arbitrator in binding and non-binding arbitrations on complex Superfund matters, including a number of large multi-party cases involving contaminated sediments in a variety of water bodies, including industrial waterways. He typically relies on Federal Rules of Procedure if serving under a District Court Case Management Order, or modified American Arbitration Association Guidelines in other matters. In his arbitrations, Mr. Low often has served as primary fact-finder, and has arranged for and taken hundreds of depositions with the active participation of parties. Particularly with respect to non-binding arbitrations, Mr. Low has found that a key to a successful outcome is implementing an arbitration process that fully involves parties in the development of the matter’s factual underpinnings. Mr. Low’s arbitration recommendations have been upheld in federal courts.
MEDIATION
Mr. Low has served successfully as mediator in numerous cases, ranging from two-party cases to cases with fifty or more parties. His mediation practice centers on complex technical or contractual disputes. He is an evaluative mediator. His normal approach is to evaluate the case and the positions of all parties, develop an understanding of the strengths and weaknesses of each party’s position, and derive a range of reasonable outcomes. In this way, extraneous or unproductive issues are cast aside and the parties can negotiate from positions that are not quite so far apart.
CONVENING ASSESSMENTS AND FACILITATION OF CONSENSUS BUILDING
PROCESSES
On issues ranging from recommendations for amendments to the Clean Air Act to a negotiated rulemaking on a high level waste repository licensing support system, Mr. Low has performed convening assessments and facilitated discussion and negotiations among groups of diverse stakeholders. The key to a successful dispute resolution process is gaining a full understanding of important issues at the outset and structuring a process that includes key stakeholders and facilitates the full exposition of the key issues. Success also depends on the extent to which the participants trust the facilitator to make sure that all points of view are given sufficient attention and meaningfully synthesized into coherent proposals and recommendations. Mr. Low has facilitated agreements on public policy issues as well as assisting federal and state governments in successful negotiated rulemakings.
SETTLEMENT COUNSELING
Settlement counseling involves working with and providing clients with reasonable and objective recommendations for settling a dispute or a case. Mr. Low has served as a settlement counselor to the Department of Justice in over 30 cases, using his expertise to develop settlement frameworks that the Department has been able to rely on in direct negotiations or mediations to achieve settlements.
EXPERT WITNESS CONSULTING
Because of his extensive experience in Superfund matters, Mr. Low has served as an expert witness in a number of cases, offering testimony on allocation, NCP compliance, and hazardous substances.
POLICY AND REGULATORY CONSULTING
As senior vice president and president of Project Performance Corporation and TechLaw, Mr. Low has advised numerous government and private sector clients on issues ranging from interpretation of crash safety tests and compliance with emission regulations to verification of life cycle analysis results in sustainability and energy efficiency labeling. He has consulted to states, including writing the solid waste legislation for the State of Kentucky. He has managed groups running the Department of Energy’s Save Energy Now program, which involves many of the nation’s largest manufacturers in a commitment to reduce energy intensity, and DOD programs supporting federal facilities’ activities to remediate hazardous waste sites.