The objective of this dissertation is to create a skill set, denominated of communicative and
interpretative competences, inspired in the categories of the Communicative Action of
Habermas, communicative action, the act strategic and the mutual understanding, to foment the
Conflicts Mediator activities. The communicative competence if manifests with the capacity of
identifying, interpret and transmit the messages set pronounced by the participants of the
Mediation action. The interpretative competence is the capacity of interpreting the speakers
intentions with the purpose of recognizing requests and needs. Both competences are
constituted of abilities and attitudes. So, that way some competences can provide the pressures
free communicative action development of private interests? To answer this question it
accomplished comparisons between mediator activities and the categories habermasians with a
view to form a comparative board and to stress abilities and attitudes that compose the talkative
competence and the interpretative. The comparison revealed that people load 'universal terms'
to if arrive to the understanding in a speech situation; That when searching the Mediation as
conflicts resolution method people load a predisposition to the mutual understanding; That the
Mediator work will reach the success if it is enabled with other competences inspired in the
categories habermasians; That the Mediation process is contaminated by a rationality
technique-instrumental that if manifest in the goal of the Courts in decrease the lawsuits, in the
efficiency front search to the organs controllers and in the Mediator practice that uses the
technique and the instrumentation to "obtain" consensus success; That the conflicts resolution
consensual method, the Mediation, provides a communicative attitude and that the Mediator
role is the one of stimulating the communication.
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