Legal Glossary

A mandate (vekâlet) is a contract for the performance of services, by which the mandatary undertakes to perform a task of, or carry out a transaction for, the principal. It is regulated in Articles 502 et seq. of the Turkish Code of Obligations (TBK); if there is a contract or custom, the mandatary is entitled to remuneration. The mandatary is obliged to follow instructions, to carry out the work, as a rule, personally and with loyalty and care, and to render accounts. The word is also used in procedural law for authority of representation (representation in a lawsuit) and for the power of attorney (vekâletname), and in public law for the temporary performance of a duty by another person.

Mediation is a dispute resolution method in which the parties to a dispute try to reach their own solution through negotiations led by an impartial and independent third person who has received specialized training. The mediator does not issue a binding decision; the mediator facilitates communication between the parties and, under Law No. 6325, may also make a proposal if the parties cannot reach a solution. It is, as a rule, voluntary; however, in certain employment, commercial, consumer and lease disputes, recourse to a mediator before filing a lawsuit is a procedural prerequisite.