Writing and Using Memoranda of Understanding (MOUs)

What is a Memorandum of Understanding?provide team building training to staff at the
Traditionally a memorandum was a short, semi-formalNhulunbuy office of the agency. Our respective
document used to transmit messages inside anresponsibilities are detailed below:
organisation. Memoranda were used to documentWhat We Will Do
agreements (understandings) between internalThe agency will provide:
departments, work units and individuals and thus the
memorandum that documented these1. a conference room with white board, overhead
"understandings" became a "Memorandum ofprojector and seating for 20 people
Understanding" or MOU. Eventually usage widened to2. mixed sandwiches, tea, coffee and fruit juice
also encompass organisations and individuals outsiderefreshments for lunch for attendees and instructors
the originating organisation. Today MOUs are3. a payment of $12,345.00 including goods and
commonly formatted as letters, memos and otherservices tax to you by electronic transfer within 14
documents.days of the program closure
Irrespective of how they are formatted, MOUs4. instructional materials up to 100 pages for each
should detail the agreement between individuals orattendee
organisations (or even countries) succinctly and inWhat you will Do
unambiguous terms. Each partner to the agreementWe will provide:
needs to sign indicating agreement.
Why are MOUs Important?1. team building training as per our course outline, to
Here's an example of a situation when an MOU may20 people at the Nhulunbuy office of the agency at
have saved the day. An infection control conferencean all inclusive cost of $12,345.00 including GST
had been organised and it ran for three days. A2. submit our tax invoice within two days of course
conference organiser had been hired by a friend ofdelivery
mine who was primarily responsible for organising the3. a work book titled, "Effective Team Building" to
conference, but no written agreement between theeach student and an additional copy for the agency
two existed. The second day into the conferencelibrary
there was a dispute between my friend and thePlease read this MOU and if you agree to the
conference organiser about whose responsibility itresponsibilities shown for this agency and yours,
was to collect payment from conference attendeesplease sign it and return the original to the agency."
who wanted to visit local tourist attractions; myA genuine MOU would have had more items in both
friend said the conference organiser had verballylists, but this gives you the general idea. Everything
agreed to do it; the conference organiser said it waseach signatory to the agreement will do is specified,
my friend's responsibility and that he had made nousually in bulleted form.
such agreement.Accessing the Terms
Eventually, one of the members of the organisingOnce you have your MOU in place, signed by both
committee collected and banked the money and(or all) parties, you can refer to it whenever
coordinated visits to tourist spots about town.necessary either to refresh your memory about your
This was an occasion on which an MOU would haveobligations or to help resolve a dispute. If it's in black
prevented a dispute. By referring to the MOU, bothand white and you agreed to it, then it's difficult to
parties would have known exactly what was, or wasargue the contrary.
not their responsibility.Obviously if there is a lot of money involved, or a
How to write an MOUproject is complex, it's more appropriate to have a
Usually a summary at the beginning of the MOU tolegal practitioner draft up a formal contract. For those
set the scene is required and then simply use twoactivities however, when a contract is not necessary,
other paragraphs titled something like "What We Willan MOU can help reduce the chances of disputes or
Do" and "What You Will Do". Like this:misunderstandings.
"I refer to our discussions wherein you agreed to