The development of a Memorandum of Understanding is therefore similar to the development of a treaty, except that the terms of the agreement will probably have been discussed in advance by all parties. Most agreements are nothing more than attempts to clearly state in writing what the parties have already developed and agreed to at the meetings. Where this is not the case, the parties will generally discuss the memorandum already drafted and develop all the differences before it is signed. An agreement between two parties is always suitable for potential problems and disputes. Try to avoid them by creating detailed documents with all the necessary data. Of course, you can`t predict all the results, but the more you do, the less problems will be in the future. Although these definitions seem quite clear, there are a number of situations where the image becomes blurred. For example, when a Memorandum of Understanding involves an exchange for a sum of money, it is almost always considered a contract under the law. In addition, there are two other legal conditions in which a Memorandum of Understanding or no formal agreement can be treated as a treaty.
Sometimes donors, in trying to promote cooperation, require agreements with certain agencies or organizations submitted with funding proposals. These agreements generally specify the obligation for the signatory to cooperate with the organization that, in a certain way, solicits funding – participant, receive recommendations or, for example, carry out activities on an advisory board. A Memorandum of Understanding (MOA) is a written document describing a cooperative relationship between two parties wishing to work together on a project or achieve an agreed goal. An MOA serves as a legal document and describes the terms and details of the partnership agreement. An MOA is more formal than an oral agreement, but less formal than a contract. Organizations can use an MOA to conclude and draw cooperation agreements, including service partnerships or technical assistance and training agreements. An MOA may be used regardless of whether or not funds should be exchanged under the agreement. The touchstone for the development of a good contract or agreement is absolute clarity on everything covered by the document.
In the case of a contract, this means describing precisely who, how, when and where the exchange, as well as: other areas could be included if they are important to you, or some of them could be left out if they are left to the discretion of the contractor. Recruitment strategies are out of the picture in the box above, for example assuming that the contractor will find 30 participants in his own way. If course schedules depend on when participants were available, you would not write down specific times in the contract, but you can include that the schedules would depend on the schedules of the participants.