Mediation and ADR
Memorandum of understanding (MOU)
Also called MOU
A written summary of what the parties agreed in mediation. Some mediators use it as a draft the parties review, often with their lawyers, before a final agreement is signed.[1]
In more detail
Virginia's standards list developing a memorandum of understanding or agreement, if the parties want one, as a stage of mediation, and say each party should have any draft agreement reviewed by independent counsel before signing.[1] Whether an MOU binds anyone depends on its wording, whether it is signed, and the state's law: a signed mediated agreement may be enforceable.[1][2]
Varies by state
How binding an MOU is depends on the state and on what the document says. Ask the mediator before signing. Find your state’s rules.
Related terms
- Mediated settlement agreement (MSA)A written agreement the parties sign at the end of a successful mediation.
- Settlement agreementThe written terms the parties agree to that resolve their dispute.
- Marital settlement agreementA written agreement in which divorcing spouses record how they've settled issues such as property, debts, support and, often, parenting.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.
Cite this page
MediationList. (2026, October 28). Memorandum of understanding: Definition. https://mediationlist.com/glossary/memorandum-of-understanding/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.