What is a Mentor Agreement Contract
A mentor agreement contract is a written document that sets out the terms and conditions governing the relationship between a mentor and a mentee. While some mentoring arrangements operate on an informal, ad hoc basis, there are many scenarios in which a mentor agreement contract is necessary. For example, when the age or employment of individuals are different between mentor and mentee or when exchanging a service for advice is at stake , the mentor agreement contract is essential to setting out the mutual expectations of the participants and their respective roles and responsibilities within the relationship.
A mentor agreement contract is a helpful way of showing the mentor and mentee where the boundaries in the relationship are in order to avoid any ambiguity. A contract helps set out in writing how the relationship is intended to work – how often will the mentor and mentee meet? In what locations? Will there be any cap on the phone calls or emails among the mentor and mentee? While it is important for the mentor to offer guidance to the mentee about his or her career and to equip the mentee with information that the mentor would have liked to have known at the mentee’s age, it is similarly important that the mentor not become the mentee’s employee by doing work that the mentee should be doing or working for a company that the mentee should be employed by.
Main Components of a Mentor Agreement Contract
A comprehensive mentor agreement should contain the following key elements:
- The program’s goals and objectives. Before you meet with the prospective mentor to draft the agreement, think about your goals and objectives for the relationship. Perhaps you would like to strengthen your negotiating skills, develop a career plan or gain exposure to a certain practice area. Likewise, your mentor should establish his or her goals and objectives for the relationship, after the agreement is signed, the parties can use the goals as their roadmap for the relationship. Inevitably, changes in the circumstances can bring about new objectives, which are easily accommodated by a simple written modification.
- Time commitment. Everyone is busy, so your mentor agreement should clearly set forth the time commitment required from both of you. If you’re an associate, this should probably take into account billable hour targets and possible conflicts when the mentor is going to be away. If you’re a more senior attorney, you should think about what time of week you’ll have available to meet and for how long. While important for all of the reasons mentioned above, the time commitment section of the agreement is especially crucial for finders and referers because they should anticipate that the mentoring relationship will take up some of their time during the first months of the relationship. The mentee should be aware of this and document the mentor’s agreement to such.
- Confidentiality. Even if the mentor will not ask any personal questions, he or she will likely hear or learn things about you while you choose not to disclose. This is something that all mentors should be mindful of from the first meeting, and something all mentees should require from their mentors. A simple confidentiality clause is a must have for any mentor agreement.
- Termination. Who will make the call that the relationship is over? It does not have to be as simple as the mentor saying, "I’m too busy," or the mentee saying, "I’ve learned all I am going to learn." Instead, there could be a formal evaluation process with mutual consent necessary to terminate. Alternatively, the parties could agree to commit to a certain time period (3 months, 6 months, etc.) and set a date for a termination check-in. Just be sure to include a termination section so that the two of you are on the same page.
Legalities
Potential legal considerations regarding the mentor agreement contract may include liability, disclosure and/or disclaimer of information shared, and dispute resolution clauses. Depending upon the context in which the mentor agreement contract is used, there may be other issues. For example, if the context is physicians helping other physicians, the mentor agreement contract may be governed by the Code of Ethics promulgated by the American Medical Association.
Risks to think about include information shared or developed by a mentor that later causes some harm to the mentee or a third party, i.e., failure to report child abuse or stalking by an abused spouse. Other risks to consider include whether a mentee withholds damaging information that the mentor should have known about or whether the mentee uses the information received from the mentor for illegal or immoral purposes.
Liability of either party in either contracting (or quasi-contractual) party to comply with the whole contract or in tort for any breaches of the contract should be carefully considered. Any attempt to limit liability in contracts with professionals and academics is likely to be viewed as unenforceable by a court because it is contrary to public policy. Disclaimers and limitations of liability are more readily enforceable if the individuals or entities who are intended to benefit or be harmed by either a breach of contract or tort are third parties, e.g., third parties or family members who suffer from medical malpractice, negligence, or other types of malpractice or professional liability.
Making Mentor Contracts Specific to Your Industry
In all cases, mentor agreements should be tailored to the specific mentoring relationship and the environment in which it takes place. In corporate environments, a mentor agreement may be utilized to highlight a formal mentoring program. Formal mentoring partnerships in the corporate world may involve defined mentoring tracks, mentorship turnover, and evaluation of interactions between the mentor and mentee. Corporate organizations that emphasize formal mentoring relationships often prefer to use mentor agreements to set ground-rules and expectations.
Mentor agreements used by academic institutions are likely to be more simple, since they involve different requirements than typical corporate relationships. Academic agreements may only need to include the scope of the mentorship, defined roles and responsibilities , and confidentiality terms. Mentorship agreements may also be customized to fit the structure of a formal mentoring program. Of course, less-defined academic agreements may not require confidentiality terms, since the academic institution is sensitive to the privacy concerns, and students are often free to discuss their academic experiences and relationships with faculty members.
In non-profit mentoring organizations, mentor agreements are often required. An example of a non-profit mentoring organization is a mentoring association, or a community-based mentoring organization. An association for educational professionals may require mentors to sign an agreement to protect student privacy. However, community, non-profit mentoring may have different standards for mentor agreements, depending on what the organization does.
Common Pitfalls
Crafting a mentor agreement contract is an important process. However, mentors and mentees often make common mistakes when creating these agreements. Below is a discussion of areas where mentors and mentees tend to make mistakes.
Overly Broad or Vague Language
One area where terms are often overly broad or vague is the scope of services to be provided by the mentor. Not being specific can cause problems down the line if expectations are not met. It is essential that you agree on the expectations before creating the contract. Doing so can eliminate or reduce misunderstandings.
Another area that can be an issue is the confidentiality language. Be clear about what information is confidential, how it should be kept secure, where it will be stored, and the method which confidentiality ends, such as when the term of the contract ends.
Obscene Amount of Detail
On the opposite end of the spectrum, some agreements have too much detail. A mentor and mentee should not over-commit themselves to tasks and responsibilities, leaving little flexibility. Be sure to include specific tasks only after both parties have thought through the details.
Missing Areas of the Contract
It is also common for important areas to be omitted from the contract. Comprehensive mentoring agreements include:
Omitting these key areas can result in misunderstandings, frustration, and an unsuccessful mentoring relationship.
Review and Modifications of Mentor Agreements
As with any relationship, it is important to regularly review the status quo between a mentor and mentee to acknowledge any progress made and re-evaluate whether the initial expectations may need to be revisited. The specifics of the agreement in terms of the parameters for scheduling time together, accountability for homework, and other details are not carved in stone . If a project or task takes longer than originally anticipated, and additional meetings are needed, or the mentee needs to change one of her goals, it is vital for the mentor to revisit and revise the agreement. In addition, if a mentee believes that the mentoring relationship has run its course and is no longer needed, it is better not to wait until the session ends to broach the subject. The most important thing is to keep the lines of communication open. It is uncomfortable, but necessary.
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