MOUs & Agreements That Work
If contacts, conversations, and mutual learning have proceeded to the point that all sides agree to future collaboration, then – and only then – should formal documents be signed, committing both institutions to the partnership. Any written statement that one side or the other might need before this should simply state that the institutions have agreed to discuss the possibility of collaboration.
Once all parties have agreed that they want to pursue the partnership, however, it is time to draft documents formalizing this decision. Such documents perform several functions. They:
- Provide formal, public acknowledgment that the institutions intend to work together
- Create documentation sometimes needed for obtaining government funding and/or enabling faculty members to implement activities
- Minimize misunderstandings in the future regarding what was agreed
- Specify who does what and when
- Serve as a formal, legal contract, if legally binding commitments are made
Many institutions follow a two-stage process of documentation. They develop both:
- A general MOU (Memorandum of Understanding) or agreement, stating the general intent to cooperate and to develop more specific collaborations in the future
- Specific, detailed sub-agreements for each new collaborative activity that is developed with that partner in the future
A general MOU or agreement sets forth:
- That all parties have agreed to an institutional partnership
- Their intention to explore areas of collaboration (sometimes listing the specific disciplines or topics for this collaboration, other times leaving this open)
- Steps to be taken before specific collaborative projects can commence
- Period during which the MOU is in effect
- Possibility and conditions under which either side can end the collaboration
- Naming of individual who will serve as the contact person on each side
Subsequent, more specific sub-agreements define:
- The purpose and scope of the specific activity under consideration
- Key responsibilities for each side
- Specific start and end dates, at which point review will occur before possible renewal
- What kinds of students, faculty, and staff will be involved and how they will be selected
- What funds, facilities, and other resources will be provided by each side
- Rules, regulations, policies, and laws that govern the agreement
- Legal liabilities, insurance provisions, and similar matters
- Principles of academic freedom and rights that must be upheld
- Conditions that may lead to termination of the agreement
- Procedures for managing disagreements and maintaining communications
- Specific individuals who have responsibility for various parts of the activity
Sub-agreements that include student exchange can contain a range of elements. This is an area where U.S. and Japanese institutions sometimes have different expectations. When this occurs, the two institutions must work to find the middle ground. These templates have been widely accepted by partner institutions around the world
- General MOU or agreement template from Hitotsubashi University
- General MOU or agreement template from Indiana University
- Sub-agreement template from Hitotsubashi University
- General MOU or agreement template from Indiana University
- Guide to elements generally included on agreements involving student exchange