litigation (from the Latin Litigation; in English, legal case")) is a conflict of interest qualified and elevated to a jurisdictional authority, by a subject of law, with an intention or claim against another who expresses resistance or who opposes the approach of the first, as suggested by Francisco Carnal").

Some authors consider that the concept of litigation only applies to civil procedure in contractual conflicts, and that in criminal proceedings the term dispute should be used. However, progress has been made regarding this idea, since now, within criminal proceedings, civil action" or compensation for damages is usually used, which gives rise to extra-contractual liability").

Litigation is usually synonymous with trial, that is, the act in which the parties debate their positions. Therefore, it should not be confused with a judicial process, which is a series of formal legal activities aimed at resolving a dispute. According to the Dictionary of the Spanish Language, litigation and litigation can be considered synonymous terms. Litigate, derived from the Latin “litigare”, means “to litigate, to dispute in court about something.” In turn, litigating is defined, with other words but the same meaning, as “judicially contending about something.”[1]​.

Before making the strategic decision to initiate litigation, it is advisable to reflect on the viability of estimating the specific claim, since the result of the litigation can have serious consequences for the party, especially the losing party.[2]​.