Robert C. Mueller, ESQ.  |  Phone: 443.994.7266

Robert C. Mueller, ESQ.  |  Phone: 443.994.7266
217 Upper Mill Court Centreville, MD 21617

217 Upper Mill Court Centreville, MD 21617

Is the Memorandum of Understanding legally enforceable?

The MOU itself is not a legally enforceable contract. In Maryland, mediators generally are legally prohibited from acting in any other capacity while mediating, including giving legal advice. Writing a legally enforceable contract, as opposed to drafting points of agreement in an MOU, would constitute practicing law. However, with the participants having already resolved the details of the solution of their dispute, it would be an uncomplicated and low-cost matter for an attorney to re-draft the MOU into a legal contract. Also, in a jurisdiction in which oral contracts may be enforceable, the MOU may be evidence of the oral agreement reached by the participants. Moreover, where there will be a court order that ultimately resolves the matter, such as in the case of a divorce, the participants could agree to ask the court to adopt the mediated MOU in the court decree.