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The Memo of Understanding
First of all, the memorandum of understanding should, presumably, have "MEMORANDUM OF UNDERSTANDING" at the top of the drafting. Mediators may want to consider putting the date of the drafting in parentheses below this document title. The non-lawyer mediator should likely include a provision such as the following as a protection against accusations of unlawful practice of law: "This memorandum of understanding is the result of a deliberative mediation process between the parties with _____ as mediator. It is understood and acknowledged by the parties that this memorandum is not itself a legally-binding document. It is further understood and acknowledged by the parties that their signing of this memorandum indicates only that the document accurately reflects the points of agreement created by the parties in mediation. It is the parties' intention to have this memorandum become part of their legally-binding settlement."
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