Summary of Researched Information What is a Memorandum of Understanding (MOU)? The Business Dictionary defines MOU as “a document that expresses mutual accord on an issue between two or more parties”. (1) In another perspective, an MOU can be referred to as “a signed non-obligating and legally non-binding document that describes the intentions of the alliance members to work together to address a shared development challenge”. In some instances, the non-legally binding document is referred to as “letter of intent” or “partnership agreement”. (2) What is the purpose of using an MOU? The MOU serves as the instrument for establishing an agreement between two or more parties for a common purpose. Although it is not legally binding, the MOU …show more content…
The MOU is initiated by a process of negotiation and mutual agreement. This is followed by acceptance of the terms of the MOU by both parties. Upon approval by both parties, the document is sealed with signatures from the appropriate representatives of both parties on the MOU. Negotiating an MOU can be tasking usually requiring considerable amount of time, energy and resources.(3) There is no standard MOU format but the idea of partnering agencies should be reflected in the format.(5) During the process of negotiating the establishment of an MOU, the following should be considered: i. The goals and objectives of the document should be kept broad and in a simple language.(5) ii. The roles of parties involved should be well defined and the resources to be provided by each member stated. (5) iii. The terms, units of service, service definition, procedures for amending the MOU and proposed review dates should be well defined. (5) iv. Expectations regarding the functions of each party should be realistic and specific.(5) v. Establishing a good relationship between the parties involved at first contact will minimize the need for renegotiation in future.(5) vi. Underlying party feuds which may affect the implementation of the MOU should not be left unattended. (5) Special Concerns in developing an MOU: a. Timing: The time required in
Pre-negotiation preparation is essential for the optimal outcome of a negotiation, as it allows one to design a strategy and plan that can increase the probability of a beneficial agreement. Good preparation means thorough understanding of one’s own and the other party’s relevant information, including interests, constraints, and tradable resources. An effective negotiator should know one’s own best
1. How did you plan for the negotiation? Explain how you decided on a strategy?
P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION
1. Review text pages 137–139 in Chapter 4. These pages cover step 9 in the planning process, assessing the social context of negotiation.
The MOU contained a requirement that its signatories were to use their “reasonable endeavours” to negotiate a GSA, and that each party must “work in good faith” to progress negotiations towards a concluded GSA, as well as a schedule which listed the key matters to be negotiated between the parties.
4. Within the organisation there will be groups of people or teams which work toward
An agreement means a consensus on at least those essential terms needed for a workable transaction. The process of reaching an agreement is generally analysed as involving an offer and acceptance. Where the offer is a clear indication of the terms upon which a person is prepared to be bound, and an acceptance is assenting to, agreeing, or
1. The deal should include clauses to avoid risks and should assure all the advantages mentioned above.
There will need to be give and take for there to be a resolution to the sticking points.
The rehearsal will be conducted from the perspective of the opponent. The rehearsal will attempt to identify, in advance, and shortfalls of any arguments that the group will present. The rehearsal will address the needs of both parties and how these needs can be satisfied through mutual negotiation. Through the rehearsal, use of feedback regarding the opponent's position will be used extensively. The purpose of negotiation is to listen to each party's views and grievances. As such the rehearsal process will consist primarily of articulating the value proposition we can provide to our potential partner. Through articulating the value proposition, much care will be given to alleviating and addressing in negative sentiments the potential partner may have regarding the merit of our service. This will be crucial to success during the negotiation as a genuinely understanding of the opposition is required in order to appropriately address any issues that may arise.
Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.
The one which is explicitly given in the agreement expresses the Conditions and Warranties. Similarly those which are suggested by law and custom if the agreement is passed then it is Inferred Conditions and guarantees where It can win an agreement despite of what is expected ,the offer that unless the gatherings consent
The proposed document will include the following specific sections. This outline is tentative and may be adjusted in accord with new developments.
": (1) preparation; (2) establishment of negotiator identities and the tone for the interaction; (3) information exchange; (4) exchange of items to be divided; (5) closing the deal; and (6) maximizing the joint returns." (Craver, 2004)
Discuss the content of the treaty in relation to the promises made in each article.