Because the MOU already outlines objectives and terms, the document can serve as the foundation for a possible future contract.An MOU provides ease of exit, as any party that finds the objectives and goals not being met can easily end the agreement.MOUs reduce the levels of uncertainty between the involved parties because the document usually highlights the expectations and objectives and prevents possible future disagreements.
The finalization of an MOU allows for having a paper trail or records of the terms that have been in the negotiations leading towards finalization.It enables each party’s goals and objectives to be clear. An MOU allows for the establishment of a mutual intention.The wording used in the agreement also plays a role in determining the legal nature of the document. In order to determine whether or not the agreement is legally binding (especially for treaties), the intent of the parties and the positions of the signatories must be presented. On an international level, MOUs fall under the treaties category, and they must be registered in the United Nations Treaty Collection. MOUs can be used within government departments for example, in the United Kingdom, the document serves as an agreement between parts of The Crown. It is done without establishing a formal contract or legally enforceable contract. In business and private enterprise dealings, the MOU normally serves as a non-binding agreement that encompasses the responsibilities and requirements for each party and the terms and details pertaining to the agreement. Uses of MOUs Private Sector or Private Enterprises It serves as the party’s initial position before the negotiations begin. The process of getting a finalized MOU is initiated by the involved parties preparing their own MOU, following their ideal expectations and desired outcomes, the key outcomes they are not willing to compromise on, and what the respective party believes the other stakeholders can expect and benefit from the MOU. The following key elements may render an MOU to be legally binding
It is important to note that although MOUs are not legally binding, they may include a clause that can be legally binding, and violations of the clauses may result in the guilty party being liable. In order to prepare a complete and effective document (MOU), the parties affected must first reach an understanding acceptable by each party and clear information on the important stances for each of the parties.
Also, an MOU can contain contact information for the parties involved and possible dates for performance reviews. Other contents include the length of the agreement, when the agreement begins, and when or how either party can terminate the agreement.
The contents of an MOU include but are not limited to the scope and intended action of the MOU, the project, and the names of the parties and their respective responsibilities.