Going to Trial in the Court of Common Pleas: Jury Trials, Bench Trials, Arbitration, and Mediation Explained

Most people picture a courtroom drama when they hear the word "trial." In reality, a case pending in a Pennsylvania Court of Common Pleas can be resolved in several different ways: a jury trial, a bench (non-jury) trial, compulsory arbitration, or mediation. Each path has its own rules, timelines, costs, and strategic considerations. Understanding the differences can help you make better decisions about your case, whether you are a plaintiff, a defendant, or someone facing criminal charges.

What Is the Court of Common Pleas?

The Court of Common Pleas is Pennsylvania's general trial court. Each county (or judicial district) has one, including the Montgomery County Court of Common Pleas in Norristown. It hears major civil lawsuits, criminal felony and misdemeanor cases, family matters, and appeals from magisterial district courts. If your case is going to be tried in Pennsylvania state court, it will most likely be tried here.

Jury Trials

In a jury trial, a group of citizens from the community listens to the evidence and decides the facts. The judge rules on the law, decides what evidence the jury may hear, and instructs the jury on the legal standards it must apply.

• Civil jury trials: A party must properly demand a jury. In Pennsylvania civil cases, a jury generally consists of eight jurors unless a party requests twelve, and a verdict does not have to be unanimous; agreement of five-sixths of the jurors is generally enough.

• Criminal jury trials: A defendant charged with a crime has a constitutional right to a jury of twelve, and the Commonwealth must prove guilt beyond a reasonable doubt to a unanimous jury.

Jury trials involve jury selection (voir dire), opening statements, witness examination, exhibits, closing arguments, and jury instructions. Presenting a case to people who have no legal training requires clear storytelling, careful preparation of witnesses, and the ability to adapt in real time.

Bench Trials

In a bench trial, there is no jury. The judge decides both the facts and the law. Bench trials are often shorter and somewhat less formal than jury trials, and they can be a strategic choice when a case turns on technical legal issues, when the facts may be emotionally charged in a way that could affect a jury, or when the parties want a faster and more predictable process. In criminal cases, a defendant may waive the right to a jury trial only in accordance with the Pennsylvania Rules of Criminal Procedure, and the decision should be made carefully with counsel.

Compulsory Arbitration

Pennsylvania law allows counties to send many smaller civil cases, generally those seeking $50,000 or less, to compulsory arbitration before they can be tried before a judge or jury. Instead of a courtroom trial, the case is heard by a panel of three experienced local attorneys who serve as arbitrators. Hearings are usually completed in a single session, the rules of evidence are applied in a more streamlined way, and the panel issues an award shortly afterward.

Arbitration is not the end of the road. Any party who is dissatisfied with the award may appeal within the deadline set by the rules and obtain a new trial (called a trial de novo) in the Court of Common Pleas. Because the arbitration hearing is often the first time each side sees the other's case presented, it should be prepared with the same care as a trial.

Mediation

Mediation is very different from a trial or arbitration. A neutral mediator does not decide who wins. Instead, the mediator helps the parties communicate, evaluate the strengths and weaknesses of their positions, and try to reach a voluntary settlement. Mediation is confidential, flexible, and often far less expensive than going to trial. Courts frequently encourage or order mediation in civil cases, and many disputes resolve there. If no agreement is reached, the case simply continues toward trial.

At a Glance

• Jury trial: Citizens decide the facts; the judge decides the law. The most formal and time-intensive option.

• Bench trial: A judge decides everything. Often faster and more streamlined.

• Compulsory arbitration: A panel of three attorneys decides smaller civil claims, with a right to appeal for a new trial.

• Mediation: A neutral helps the parties negotiate. Nothing is decided unless everyone agrees.

Trials Are a Lot of Work

Clients are often surprised by how much happens behind the scenes before a single witness takes the stand. Preparing a case for trial typically involves:

• Investigating the facts and gathering documents, records, photographs, and other evidence

• Conducting discovery, including interrogatories, document requests, and depositions

• Retaining and preparing expert witnesses

• Filing and responding to pretrial motions, including motions in limine to include or exclude evidence

• Preparing pretrial statements, exhibit lists, and witness lists required by the court

• Drafting proposed jury instructions and verdict slips

• Preparing clients and witnesses to testify and to handle cross-examination

• Outlining opening statements, direct and cross-examinations, and closing arguments

During trial itself, your attorney must think on their feet: objecting at the right moment, responding to unexpected testimony, and preserving issues for a possible appeal. Experience matters at every step.

Experienced Trial Counsel at CDM LAW

CDM LAW is experienced in handling both civil and criminal trials in Pennsylvania courts, including the Montgomery County Court of Common Pleas. We prepare every case as if it will be tried, because that preparation leads to better outcomes whether the case is resolved at trial, in arbitration, or at the mediation table.

Attorney Christopher D. Mandracchia also serves as an arbitrator in Montgomery County, Pennsylvania. Sitting on arbitration panels provides valuable insight into how cases are evaluated by neutral decision-makers, what persuades them, and what does not. That perspective helps us give clients a realistic assessment of their case and a clear strategy for presenting it.

If you are involved in a civil lawsuit or facing criminal charges and want to understand your options, contact CDM LAW in Conshohocken at (610) 994-0281 or send us a message using the form below.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and you should consult an attorney about your specific situation.