Assuming you're filing a counter-notice in an instance where you have a good faith belief that the original takedown notice is in error, and that you can support that belief, it's rather unlikely that the counter-notice alone will make the supposed copyright holder more disposed towards litigation. Especially if they knowingly misrepresented matters in the takedown, opening themselves up to damages and attorney's fees.
In any case, they can already sue you regardless of whether a takedown notice is issued in the first place. :)
