Happiness at the House of Mouse: How Disney Negotiates to Create

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Happiness at the House of Mouse:

How Disney Negotiates to Create

the “Happiest Place on Earth”

Lauren A. Newell*

I. INTRODUCTION

Poets rhapsodize about it, the Beatles sing about it, philosophers debate

it, psychologists study it, and chocolate induces it. Disney,

on the other

hand, claims title to it: happiness. Walt Disney,

founder of The Walt

Disney Company (Disney or the Company)

and the creative force behind

the Parks

and Resorts,

referred to his flagship Resort in California as “the

happiest place on Earth.”

As Disney has expanded its presence beyond

Disneyland,

the media have employed the phrase “the happiest place on

* Assistant Professor of Law, Ohio Northern University Pettit College of Law; B.A., Georgetown

University, 2004; J.D., Harvard Law School, 2007. I would like to thank Dan Shapiro for his

mentorship and advice, as well as for teaching the wonderful course that inspired this Article.

Special thanks also to Caroline and Rod Salvati for their boundless encouragement, love, and

support

1. For the sake of brevity, this Article assumes a certain degree of familiarity with The Walt

Disney Company’s theme parks, resorts, products, films, and terminology, so many references to

attractions at the Walt Disney World Resort and to Disney characters are not defined. See generally

DISNEY, http://disney.go.com (last visited July 13, 2012); see also Attractions at Walt Disney World

Resort, WALT DISNEY WORLD, http://disneyworld.disney.go.com/attractions/ (last visited July 13,

2012) [hereinafter Attractions]; see also All Characters, DISNEY,

http://disney.go.com/characters/#/characters/allcharacters/ (last visited July 13, 2012) [hereinafter

Characters]; see also infra Appendix A for Disney-specific definitions.

2. See infra Appendix A.

3. See infra Appendix A.

4. See infra Appendix A.

5. See infra Appendix A.

6. Anthony Lane, Wonderful World: What Walt Disney Made, THE NEW YORKER, Dec. 11,

2006, available at http://www.newyorker.com/archive/2006/12/11/061211fa_fact (quoting Walt

Disney’s reference to the Disneyland Resort in Anaheim, California); see also infra Appendix A.

7. Disney currently owns, operates, manages, and/or licenses, directly or indirectly, six

Resorts worldwide, with a seventh currently under construction. The Walt Disney Co., Annual

Report (Form 10-K), at 7, 11 (Nov. 23, 2012) [hereinafter Annual Report]. These include the

Disneyland Resort in California, the Walt Disney World Resort in Florida, the Tokyo Disney Resort

in Japan, Disneyland Resort Paris in France, the Hong Kong Disneyland Resort in China, Aulani, a

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Earth” (the Happiest Place on Earth or the HPOE

) to refer also to other

Resorts, including the Walt Disney World Resort in Lake Buena Vista,

Florida (Walt Disney World or WDW).

For WDW to deserve the title of

the HPOE, it must cultivate an atmosphere that stimulates happiness to an

unusually great extent. This Article examines, in the context of negotiation

theory, the degree to which Disney creates happiness for those inside WDW,

particularly WDW’s guests

and cast members (Cast Members or CMs

It begins with a brief discussion of happiness, the emotion

in question, and

of negotiation theory. This Article next examines how Disney creates at

WDW a negotiating environment conducive to the stimulation of happiness.

It then analyzes personal observations

of Disney’s negotiations with guests

and CMs and offers suggestions for how Disney could negotiate more

effectively. Finally, this Article concludes with a judgment about Disney’s

success in presenting WDW as the HPOE and with contemplation of how

lessons learned from Disney are applicable to other companies.

A. Emotion Theory: An Understanding of Happiness

Emotions are influential and ever-present factors of daily life. Although

the words used to describe emotions vary across cultures, the emotions

themselves seem to be universal.

The emotion of “happiness” is a positive

emotion

generally understood to refer to a state involving positive feelings

or positive judgments about feelings.

Theorists distinguish between the

different senses in which happiness can be understood. One useful construct

Disney Resort & Spa in Hawaii, and the Shanghai Disney Resort in China (under construction). Id.

at 7-11; see also infra Appendix A. Disney also operates several other resort and vacation facilities,

including through the Disney Vacation Club, which offers ownership interests in resort facilities

through a vacation ownership plan, the Disney Cruise Line, a vacation cruise line with three ships in

operation and one under construction, and Adventures by Disney, which provides all-inclusive,

guided vacation tour packages, mainly at non-Disney sites. Annual Report, supra note 7, at 11-12.

8. See infra Appendix A.

9. See, e.g., Millie Alexander, “Go Where the Dream Takes You”: Disneyland Then and

Now, THE SUNDAY OREGONIAN, Apr. 24, 2005, at T01 (noting that, at that time, the so-called

happiest places on earth included all five of Disney’s then-existing Resorts); see also infra Appendix

10. See infra Appendix A.

11. See infra Appendix A.

12. See infra Appendix B for definitions of terms relevant to emotions.

13. The information and assertions made throughout this Article and not attributed to another

source come from interviews I conducted, my personal observations, and my first-hand experience

derived from recent trips to WDW to conduct research for this Article.

14. See STEVEN PINKER, HOW THE MIND WORKS 365 (1997).

15. See infra Appendix B.

16. DANIEL NETTLE, HAPPINESS: THE SCIENCE BEHIND YOUR SMILE 29 (2005); see also infra

Appendix B.

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is Daniel Nettle’s levels of happiness framework. Nettle refers to happiness

at its most instinctual, sensory level as “level one happiness,” roughly

equivalent to “joy” or “pleasure.”

At this level, happiness is a transient

and unmistakable positive feeling induced by attainment of a desired state.

The next level, “level two happiness,” is characterized by reflection upon

which, on balance, pleasures outweighs pains; it is a hybrid of emotion and

judgment about emotion that is roughly equivalent to “contentment” or

“satisfaction.”

The happiness in question at WDW can be understood as a

combination of level one and level two happiness, meaning that WDW

provides guests and CMs with a significant number of pleasures and, on

balance, the pleasures they experience at WDW outweigh the inevitable

instances of discontent.

For WDW rightly to be considered the HPOE, the

happiness it offers guests and CMs in this hybrid sense of the emotion must

be relatively greater than that outside of the Disney property. Because such

an objective comparison of happiness levels inside and outside of WDW is

infeasible, this Article will focus upon the balance of happiness and

unhappiness within WDW on the theory that finding WDW’s balance

strongly in favor of happiness at least entitles Disney to assert that WDW is

the HPOE, unless another place is proved to be happier.

B. Negotiation Theory: The Core Concerns

Negotiation can be understood to mean all back-and-forth

communication designed to reach an agreement when the parties have some

shared and some opposing interests.

This Article adopts the premise that

all interactions between two parties involve negotiations, and all

17. See NETTLE, supra note 16, at 17; see also infra Appendix B. Seligman’s “present

happiness” embodies a similar concept of this type of happiness, viewing it as a combination of

pleasures and gratifications. See MARTIN E.P. SELIGMAN, AUTHENTIC HAPPINESS: USING THE NEW

POSITIVE PSYCHOLOGY TO REALIZE YOUR POTENTIAL FOR LASTING FULFILLMENT 102 (2002); see

also infra Appendix B for definitions of present happiness and pleasures.

18. See NETTLE, supra note 16, at 17.

19. See id.; see also infra Appendix B. Nettle’s third level of happiness, “level three

happiness,” contemplates a life in which a person flourishes or fulfills his true potential. See

NETTLE, supra note 16, at 20. Level three happiness is beyond the scope of this analysis and is not

addressed in this Article.

20. Discontent is “inevitable” because even if WDW is the HPOE, it is still part of Earth—i.e.,

occupants of WDW are not immune from inclement weather, technical malfunctions, hunger,

fatigue, or any other source of unpleasantness that exists in life outside of the Resort.

21. See ROGER FISHER, WILLIAM URY & BRUCE PATTON, GETTING TO YES: NEGOTIATING

AGREEMENT WITHOUT GIVING IN xvii (2d ed. 1991); see also infra Appendix B.

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negotiations involve the parties’ emotions. Negotiations can either benefit

from or be hindered by the parties’ emotional experiences.

The ability to

manage emotions effectively is a desirable negotiating skill because of

emotions’ potential to impact negotiations positively or negatively.

As a

proxy for confronting emotions directly, negotiators may choose to address

each person’s “core concerns,” what Fisher and Shapiro define as “human

want[s] of personal significance, usually arising within a relationship” (the

Core Concerns).

The Core Concerns framework provides negotiators with

the ability to manage emotions without becoming overwhelmed by them.

In essence, this framework asserts that negotiators can stimulate positive

emotions in themselves and in their counterparties by dealing effectively and

to an appropriate extent with both parties’ five Core Concerns: affiliation,

autonomy, status, role, and appreciation.

Ignoring or failing to meet the

Core Concerns can have the opposite effect: the stimulation of negative

emotions.

C. Implications for Disney

In its operation of WDW, Disney interacts constantly with guests and

CMs. Each of these interactions is a negotiation, and each is an opportunity

for Disney to meet its counterparties’ Core Concerns effectively. This

Article asserts that the result of Disney’s effective negotiation at WDW is

the stimulation of positive emotions—particularly happiness—in the guests

and CMs with whom it interacts; conversely, the result of Disney’s

negotiation failures is the stimulation of negative emotions. Thus, WDW’s

claim to the title of the HPOE hinges upon Disney’s ability to meet guests’

and CMs’ Core Concerns, and thereby to stimulate a favorable balance of

happiness.

22. For example, negative emotions can draw attention away from substantive matters,

damage relationships, or be used to exploit one of the negotiators. See ROGER FISHER & DANIEL

SHAPIRO, BEYOND REASON: USING EMOTIONS AS YOU NEGOTIATE 5 (2005). Positive emotions can

facilitate the meeting of substantive interests and enhance relationships. See id. at 7-8.

23. See id. at 5-8.

24. Id. at 210; see also infra Appendix B.

25. FISHER & SHAPIRO, supra note 22, at 15.

26. Id. at 15-16. See infra Appendix B for definitions of the five Core Concerns.

27. FISHER & SHAPIRO, supra note 22, at 17-19. See infra Appendix B.

28. Since Disney is not a natural person, the extent to which guests and CMs meet “Disney’s”

Core Concerns will be ignored in favor of a discussion of the importance to the Company of WDW’s

being the HPOE. See infra Part VI.A.

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II. SETTING THE STAGE FOR NEGOTIATION SUCCESS: HOW DISNEY

PREPARES TO NEGOTIATE

One of Disney’s greatest negotiation strengths is its nearly total control

over the negotiation setting.

Disney negotiates on its “home turf”: Walt

Disney World is Disney’s version of Camp David—an environment that

Disney can structure to its negotiating advantage. Walt Disney World’s

design (of which the CMs are a part) is notable both in how it stimulates

positive emotions and also in how it minimizes the stimulation of negative

emotions, and creating this environment is an important aspect of Disney’s

preparation for negotiations.

Disney also prepares for negotiations by training its CMs rigorously.

Though CMs do not undergo any formal negotiation training or any specific

training on how to deal with “difficult” guests,

Disney does require all

CMs to undergo a special training program at “Disney University”

to instill

in them Disney’s values and approach to customer service.

This training

program, called “Traditions,” is important because it establishes strict

guidelines for CM behavior and interaction with guests,

all of which

shapes CM–guest negotiations.

A. Elements of WDW that Stimulate Positive Emotions

Scholar Yi-Fu Tuan comments that “the overarching purpose of the

Disney park is to promote happiness,”

and Disney endeavors to achieve

29. As Jane Kuenz comments, “Disney protects its borders . . . . The concern is to let nothing

enter or exit the property unregulated or uncontrolled.” THE PROJECT ON DISNEY, INSIDE THE

MOUSE: WORK AND PLAY AT DISNEY WORLD 115 (Jane Kuenz, Susan Willis, Shelton Waldrep &

Stanley Fish eds., 5th ed. 1995).

30. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

Much of the information for this Article comes from personal observations of, and interviews with,

guests and CMs throughout WDW. These conversations took place in January of 2007 (unless

otherwise indicated). Due to the necessity of conducting most of the interviews spontaneously,

informally, and anonymously, the various interviewees cannot be identified by name or specific job

function.

31. See infra Appendix A.

32. See BILL CAPODAGLI & LYNN JACKSON, THE DISNEY WAY: HARNESSING THE

MANAGEMENT SECRETS OF DISNEY IN YOUR COMPANY 36 -37 (1999).

33. See id. at 37. See infra Part II.C for a description of Traditions; see also infra Appendix A.

34. Yi-Fu Tuan & Steven D. Hoelscher, Disneyland: Its Place in World Culture, in

DESIGNING DISNEY’S THEME PARKS: THE ARCHITECTURE OF REASSURANCE 191 (Karal Ann

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this end through exacting and purposeful Resort design. According to Tuan,

Disney immerses guests in an “ambiance” that they may not consciously

perceive, but that “generate[s] a sense of well-being, a fragrance that

lingers.”

This ambiance is first established by WDW’s impressive

skyline,

which treats guests from afar to a view of futuristic Space

Mountain

and, of course, Cinderella Castle,

which unfailingly inspires

awed gasps and squeals of excitement from guests and CMs alike.

Upon

entering the Magic Kingdom,

guests arrive on Main Street, U.S.A.

Main

Street is designed to be aesthetically unthreatening and to lack any

“disquieting cacophony of visual stimuli” that might detract from guests’

good moods; from its inception, its clean streets and bright colors were

intended to convey hope and cheerfulness:

It aimed to soothe and reassure. It aimed to give pleasure. Joy. A flash of sunny

happiness. The small, sweet, ordinary, domestic emotions seldom implicit in the

definition of aesthetic pleasure. The architecture of reassurance. “All I want you to think

about,” Walt told his non-architects, “is that when people walk through . . . anything you

design, I want them, when they leave, to have smiles on their faces.”

Like Main Street, the rest of the Magic Kingdom is designed to delight

and to entertain its guests. Throughout the Resort, WDW’s designers have

transformed nature to make it “more aesthetic and amusing.”

Stimulating a

sense of wonder and newness, Disney frequently replants trees and

flowers.

Disney even imported aesthetically-pleasing, bluish water to fill a

lake whose water was tea-colored due to the cypress bark on the surrounding

Marling ed., 1997). Though Tuan’s essay specifically comments on Disneyland, the same principles

apply to WDW.

35. Id. at 196.

36. The majority of references to WDW (unless otherwise indicated) concern the Magic

Kingdom, the first Park built in Florida, and the Park that is most often associated with WDW. See

infra Appendix A.

37. See Attractions, supra note 1.

38. See infra Appendix A.

39. One CM who works in Disney’s Hollywood Studios reports that despite having worked for

Disney for several years, he is still awestruck by the Castle every time he ventures into the Magic

Kingdom. Interview with a Hollywood Studios Cast Member, at Walt Disney World (Jan. 15,

2007); see also infra Appendix A.

40. See infra Appendix A.

41. See infra Appendix A.

42. Karal Ann Marling, Imagineering the Disney Theme Parks, in DESIGNING DISNEY’S

THEME PARKS: THE ARCHITECTURE OF REASSURANCE 81 (Karal Ann Marling ed., 1997) (referring

to the very similar Main Street, U.S.A. at Disneyland).

43. Id. at 83.

44. Tuan & Hoelscher, supra note 34, at 192 (discussing using water jets to create “dancing”

water, rather than incorporating only naturalistic streams); see also supra note 34.

45. Id. at 195.

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trees.

Walt Disney World exudes a carefully contrived “sunny

exuberance . . . [and an] overarching theme of optimism”

that set the stage

for negotiations predominated by positive emotions.

The use of WDW’s design to promote happiness can also be examined

through the lens of feng shui, a doctrine of ancient principles of design

focused upon maximizing positive energy and minimizing negative forces

through the use of certain shapes, placements, objects, and colors.

According to feng shui, every solid object is a “mass of vibrating energy”

that can exude either positive or negative forces.

Everything is linked

through chi, an “energetic, formative principle [of energy] that is

spontaneously expressed through life.”

The presence of balanced, active,

and sufficient chi contributes to a healthy and happy environment, while

negative chi (“sha”) imparts rotten, toxic, painful, contaminated, and

dangerous qualities to one’s social, physical, and mental condition.

Following feng shui principles, maximizing WDW’s chi would contribute

importantly to the Resort’s being the HPOE. Feng shui offers guidance on

how to maximize chi in a given space.

Planners should use curves

wherever possible to attract chi, and should avoid straight lines because they

can produce “secret arrows” that threaten to wound whatever is at the

receiving end.

Chi can also be invited into spaces by light, living things,

bold colors, eye-catching objects, pleasant sounds, running water, plants,

and flowers.

As though Walt Disney and his Imagineers

had studied feng

shui principles,

the Magic Kingdom seems designed to be attractive to chi:

The Park is a mass of curves leading from one whimsical display to the next;

46. JANET WASKO, UNDERSTANDING DISNEY: THE MANUFACTURE OF FANTASY 169 (2001).

47. Tuan & Hoelscher, supra note 34, at 198; see also supra note 34.

48. ALBERT LOW, FENG SHUI: THE WAY TO HARMONY 6 (1993).

49. Id.

50. Angel Thompson, The Power of Chi, in CONTEMPORARY EARTH DESIGN: A FENG SHUI

ANTHOLOGY 49 (Jami Lin ed., 1997). The author conceptualizes chi as “spirit.” Id.

51. Id. at 50-51.

52. See id. at 49-56.

53. See id. at 51-52.

54. Id. at 55.

55. See infra Appendix A.

56. In fact, Disney has previously incorporated principles of feng shui into its Resort designs,

most notably at the Hong Kong Disneyland Resort. See THE WALT DISNEY COMPANY, FACT BOOK

2005, at 56 (Jan. 26, 2005), available at

http://thewaltdisneycompany.com/sites/default/files/reports/factbook_2005.pdf [hereinafter FACT

BOOK 2005].

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it is studded with streams and ponds, accented by indigenous flora, host to

several types of birds, and constantly enlivened by laughter, cheers, and

music. The Resort’s ability to attract chi contributes to WDW’s bid to be the

HPOE because it infuses the Resort with positive energy.

Walt Disney World’s design seems intended to instill in guests a feeling

of excitement and wonder. Thrilling rides, shows, parades, fireworks, and

encounters with Characters

all contribute to the guests’ sense of wonder.

What guests perceive as random and unexpected is actually carefully

choreographed by Disney, creating two advantages for Disney in its

negotiations with guests. First, Disney is prepared for the negotiations

because it controls the environment and can better plan for them. Second,

providing guests with an experience that blends pleasure with uncertainty

may increase the duration of their pleasurable experiences.

Known as the

“pleasure of uncertainty hypothesis,”

this theory argues that people

automatically attempt to make sense of events to which they react

emotionally, and if successful, they adapt to them emotionally (i.e., have a

less intense emotional reaction to them).

There is some evidence that

positive moods are more sustainable when a contributing factor to them is

more difficult to make sense of or is mysterious.

Disney appears to create

deliberate uncertainty for guests through the Parks’ myriad spectacles and

attractions, possibly in hopes that guests’ positive emotional reactions to

WDW will be long-lived. An important factor in Disney’s creation of

wonder and uncertainty is the parallel reassurance of guests that if the

uncertainty is resolved, it will be resolved happily. Disney provides this

reassurance particularly because of its control over the environment of

WDW

—the Resort is a safe haven focused on the pursuit of pleasure.

Expecting to find WDW to be the HPOE, guests are secure in the belief that

57. See infra Appendix A.

58. Timothy D. Wilson, David B. Centerbar, Deborah A. Kermer & Daniel T. Gilbert, The

Pleasures of Uncertainty: Prolonging Positive Moods in Ways People Do Not Anticipate, 88 J.

PERSONALITY & SOC. PSYCHOL. 5, 6 (2005).

59. Id. at 7 (internal quotations omitted); see also infra Appendix B.

60. Wilson, Centerbar, Kermer & Gilbert, supra note 58, at 6. In support of this hypothesis,

the authors cite Mellers, Schwartz, and Ritov for the finding that stronger emotional reactions follow

events that are more unexpected. Further, they note that the brain’s reward pathways are activated

by a stimulus’ lack of predictability. In addition, since unexpected events increase physiological

arousal, and arousal is likely to intensify emotional reactions to events, the authors contend that

uncertainty leads to more sustainable positive emotions. See id. (internal citations omitted).

61. Id. at 17.

62. See WASKO, supra note 46, at 166-70 (discussing the theme of control in reference to

Disney’s management of the Parks).

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unexpected events will be happy ones.

And because guests hold this

expectation, their excitement and wonder are expressions of their happiness.

Walt Disney World sets the stage for happiness also by appealing to the

senses. Guests arriving at the Parks are greeted by music, all of which is

designed to coordinate with guests’ moods at the time they hear it: The

morning music is upbeat and lively, but it mellows by night.

Presumably,

a mismatch of sound and mood could be perceived as unpleasant by the

listeners, and could diminish their happiness. Not only is the choice of

music intuitively important, but psychological studies have also

demonstrated instances of music’s influence on consumers’ interactions with

commercial environments. For example, one study found that customers’

higher desire to affiliate with employees was generally associated with

higher degrees of music-induced pleasure and arousal;

thus, utilizing

pleasing music throughout the Resort could presumably facilitate guest–CM

negotiations because the guests may be more inclined to affiliate with

CMs.

Similarly, psychologists have found a positive relationship between

people’s liking music at a particular place and (1) their willingness to return

to it and (2) the extent to which they are willing to interact with others

there.

This suggests that if guests enjoy the music at WDW, they may be

more likely to visit the Resort again and may also be more disposed to

negotiate with CMs while they are there.

Walt Disney World is also filled with olfactory delights. For instance,

many of the plants within the Parks are flowering plants. Because Disney

replants trees and flowers frequently,

WDW is almost always in bloom.

63. Much of this expectation derives from Disney’s efforts to eliminate elements from WDW

that stimulate negative emotions. See infra Part II.B.

64. TOM CONNELLAN, INSIDE THE MAGIC KINGDOM: SEVEN KEYS TO DISNEY’S SUCCESS 67-

68 (1997).

65. Adrian C. North, David J. Hargreaves & Jennifer McKendrick, The Influence of In-Store

Music on Wine Selections, 84 J. APPLIED PSYCHOL. 271, 272 (1999) (internal citations omitted).

66. Playing Disney music throughout the Parks could also be a technique for encouraging

guests to purchase Disney products: The neural network approach to cognition suggests that stimuli

activate certain related knowledge units, such that stereotypically “Disney” music should trigger

knowledge related to Disney and prime selection of products related to Disney because they accord

with the music. See id. at 272-73. In this way, pleasant music may not only boost guests’ moods

and encourage them to affiliate with CMs, but it may also be a factor in their purchasing behavior

while visiting the Resort.

67. Id. at 272 (internal citations omitted).

68. See supra text accompanying note 45.

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Studies have shown that floral scents are universally pleasant.

Other less

subtle, but equally pleasant, scents pervade WDW: A stroll through the

different areas of the Magic Kingdom treats guests to whiffs of popcorn,

roasting turkey legs, caramel apples, cinnamon-covered churros, and fresh

baked goods. Disney even manipulates these pleasant aromas to enhance the

guest experience—for example, by creating the scent of chocolate chip

cookies near the Main Street Bakery,

even when no cookies are actually

being baked. Professors Gulas and Bloch argue that the combination of

pleasant ambient scents with preexisting scent preferences results in positive

affective reactions (i.e., elevated moods).

It follows that the scents of

fragrant flowers and delicious edibles contribute to WDW’s being the HPOE

insofar as they accord with CMs’ and guests’ scent preferences. Moreover,

the pleasant scents may lead to increases in spending levels and lengths of

stay where they are experienced.

From Disney’s perspective, then,

WDW’s pleasing scents are desirable not only because they may help to

elevate CMs’ and guests’ moods, but also because they may encourage

guests to spend a longer time at WDW and to purchase more while there.

Even more notable in WDW’s endeavor to become the HPOE through

its physical environment is the Resort’s stunning visual display. One of the

cornerstones of WDW’s visual appeal is its use of color. Planning the color

scheme is the first step of Disney’s building process—Disney artists and

Imagineers choose colors for every part of the Resort with such painstaking

detail that they even consider where the sun will fall at different times of the

year.

Color is an important consideration because of its psychological and

physiological effects on viewers. Perhaps the most dominant color at WDW

is purple, which pervades Fantasyland,

Disney’s Contemporary Resort,

many of the main public areas (such as the Transportation and Ticket

Center

), and various CM uniforms (including those worn by the bus

69. Charles S. Gulas & Peter H. Bloch, Right Under Our Noses: Ambient Scent and Consumer

Responses, 10 J. BUS. & PSYCHOL. 87, 91 (1995) (internal citations omitted).

70. See WASKO, supra note 46, at 166 & n.51. See also Restaurants at Walt Disney World

Resort, WALT DISNEY WORLD, http://disneyworld.disney.go.com/dining/listing/ (last visited July 13,

2012) [hereinafter Restaurants].

71. Gulas & Bloch, supra note 69, at 91.

72. Id. at 93. Gulas and Bloch note that the perceived congruity of scent with other

atmospheric elements may be significant in eliciting positive affective responses, which may not

result when pleasant scents are mismatched with other features of the environment. See id. at 92.

Presumably, guests would not perceive flowers and edible treats as incongruous at an open-air theme

park such as WDW.

73. CONNELLAN, supra note 64, at 34-35.

74. See infra Appendix A.

75. See infra Appendix A.

76. See infra Appendix A.

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drivers). The color purple combines red’s power with blue’s elegance, and

is used to connote grandeur and luxury.

It is frequently associated with

children’s products and characters.

Purple is a wise choice for the

dominant color of the HPOE because it does not trigger negative emotions,

as do, for instance, its component colors: Red stimulates anger and connotes

danger and war, and in large doses it can be distracting and exhausting.

Blue, on the other hand, can be perceived as melancholy and result in

depression, and so should be avoided in large areas and near food.

accent colors, Disney employs mainly yellow, orange, and green, each of

which has positive connotations (particularly in the small doses in which

Disney uses them). Yellow is an appropriate accent color for WDW because

it conveys excitement, fun, and surprise; it is an upbeat, cheerful, and lively

color that signals to the brain the presence of something new and unusual.

Orange is another attention-grabbing color that is best appreciated in small

amounts because it can be jarring and exhausting.

Orange is a warm color,

meaning that it increases the heart rate and pulse.

It is used to convey

creativity and exoticism.

From a practical perspective, orange is useful as

an accent color in areas of heavy traffic flow—because it is physically

exhausting for the eyes to look at the color for long, people tend to move

quickly through areas with orange.

As could be expected, Disney uses

orange accents in places such as the Transportation and Ticket Center, where

guests do not often (and are not encouraged to) linger. Lastly, Disney

incorporates a great deal of green into WDW, both in its natural state, as

foliage, and as an accent paint color. Natural green, which combines green

and yellow, signifies optimism, well-being, renewal, and vitality.

The

blue–green accent paint Disney uses conveys a sense of calming luxury.

Further, Disney’s use of jewel tones contributes to WDW’s seeming upscale

77. MIMI COOPER & ARLENE MATTHEWS, COLOR SMART: HOW TO USE COLOR TO ENHANCE

YOUR BUSINESS AND PERSONAL LIFE 33, 41 (2000).

78. Id. at 33.

79. Id. at 26, 39.

80. Id. at 32, 41.

81. Id. at 29-30, 40.

82. Id. at 27-28, 40.

83. Id. at 27.

84. Id. at 39-40.

85. Id. at 87.

86. COOPER & MATTHEWS, supra note 77, at 31, 40.

87. Id. at 30-31, 41.

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and welcoming.

And in areas emphasizing nature and the outdoors, such

as Frontierland

and Disney’s Animal Kingdom Park,

Disney incorporates

various shades of brown. Brown is the color of earth, home, and hearth; it is

relaxing and inspires confidence.

Only infrequently at WDW are white,

gray, and black used, perhaps because white can seem cold, artificial, and

sterile;

gray can be serious, old, and dull;

and black can suggest fear,

anger, depression, sex, and death.

Walt Disney World’s colors seem

intended to delight and enthuse, and thereby, to set the stage for negotiations

with guests that stimulate positive emotions.

B. How Disney Avoids Elements that Stimulate Negative Emotions

Just as Disney specifically incorporates some features into WDW

because they contribute to guests’ happiness, it also assiduously avoids other

elements of the “real” world that could have the opposite effect. One such

element is crime. Disney employs and trains its own security firm to keep

WDW safe.

While some security officers are uniformed and visible

throughout the Parks, others are “foxes”officers disguised as guests who

monitor the stores to prevent shoplifting.

Another factor is the lack of

cigarette smoke: Disney prohibits smoking in all of its restaurants and

throughout the Resort, except for specially-designated areas. This technique

of environmental control provides for the enjoyment of nonsmoking guests,

particularly those concerned about their children’s exposure to second-hand

smoke, while it makes some accommodation for smokers. Disney strikes a

similar balance with alcohol. Alcoholic beverages are not served anywhere

inside the Magic Kingdom; elsewhere throughout the Resort, they are

carefully restricted to the less family-oriented areas.

Controlling the

consumption of alcohol contributes to making WDW the HPOE because it

88. Id. at 31, 86.

89. See infra Appendix A.

90. See infra Appendix A.

91. COOPER & MATTHEWS, supra note 77, at 37-38.

92. Id. at 35, 42.

93. Id. at 36.

94. Id. at 36-37.

95. CAPODAGLI & JACKSON, supra note 32, at 37.

96. THE PROJECT ON DISNEY, supra note 29, at 124.

97. For example, street vendors in Epcot’s World Showcase (the area of the Park focused upon

restaurants, shops, and cultural learning) serve wine, beer, and margaritas, while vendors in Future

World (the area of the Park with most of the rides and other attractions) serve only soft drinks. See

infra Appendix A.

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keeps WDW a place to which parents are comfortable bringing their

children, and because it minimizes destructive, drunken behavior.

Another form of social control that Disney employs, one that has

attracted the attention of social critics, is designing the Parks so as to

minimize contact and interaction between guests.

When visiting WDW

rides by myself, I was consistently seated alone,

rather than joined with

other odd-numbered parties to fill an even number of seats. Disney makes

great efforts not to commingle groups, and provides distractions when guests

are assembled together in lines.

100

The practical effect of this design is the

minimization of negotiations between guests. In a sense, this contributes to

WDW’s being the HPOE—because guests participate in few negotiations

amongst each other, the potential that they will engage in a negotiation that

stimulates negative emotions is diminished.

101

Arguably, this results in an

isolating experience for guests; however, guests are free to seek each other

out everywhere except the actual seats of the rides if they are so inclined.

Viewed in another way, the design-induced isolation contributes to WDW’s

being the HPOE because it provides guests with an oasis of calm and a

respite from negotiations with unfamiliar counterparties.

In addition to employing wide scale social controls of the types

discussed above, Disney also carefully avoids sensory stimuli that might

trigger a negative emotional reaction. Walt Disney World is a wholesome

and inoffensive auditory environment—there is no music with lyrics that

might offend guests or cause parents to worry about their children hearing

them. Unlike the “real” world, at WDW there are no screeching sirens or

98. See, e.g., THE PROJECT ON DISNEY, supra note 29, at 62-63 (“[C]ontact with other people

is only minimally available and not at all desirable. Most of the rides are intentionally designed to

disallow seeing anyone—much less touching or talking to them—other than who you’re sitting

immediately next to and probably came with.”).

99. This was the case even on rides such as Pirates of the Caribbean, on which the boats can

accommodate at least four adults per row. However, Disney does commingle guests on a few very

popular attractions at WDW, such as Test Track at Epcot. These attractions have a separate line for

single riders, who join with odd-numbered parties to fill an even number of seats. See Attractions,

supra note 1; see also infra note 283 and accompanying text.

100. For example, guests waiting to watch the attraction Muppet Vision 3-D at Hollywood

Studios can focus on the pre-show playing on video monitors rather than interact with other guests.

Accord THE PROJECT ON DISNEY, supra note 29, at 63 (the screens direct the attention and any

possible exchanges of “waiting visitors away from each other”). See Attractions, supra note 1.

101. Of course, the reverse is also true: The potential for inter-guest negotiations that stimulate

positive emotions is likewise diminished. But considering the guests’ negotiations would be

spontaneous, and probably influenced by their fatigue, hunger, impatience, and unruly children, it

seems likely that separating the guests would prevent more negative interactions than positive ones.

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CMs uttering expletives.

102

In fact, CMs are even instructed in emergencies

to avoid using “panic words” (e.g., fire, car accident, ambulance,

evacuation) that might upset guests; instead, they use Disney terminology

(e.g., Signal 25, Signal 4, Alpha Unit, Exiting).

103

Likewise, because WDW

is clean and kempt, guests are not assaulted by smells of decaying garbage,

which is universally considered unpleasant.

104

And as discussed above,

Disney largely avoids the use of certain colors throughout the Resort,

perhaps because of the colors’ potential to stimulate negative emotions.

105

This idyllic environment stems from Walt Disney’s own experience bringing

his daughter to carnivals: Upset by the dirty, unpleasant conditions he found

there, Disney was inspired to create an atmosphere to which no parent would

hesitate to bring a child.

106

The beneficial result of Walt Disney’s parental

experience is a Resort that minimizes the presence stimuli of negative

emotions and is conducive to positive negotiations.

C. How Disney’s Training Serves as Preparation for Negotiations that

Stimulate Positive Emotions

One of the main reasons why customers “fire” companies is poor

training of employees.

107

With this in mind, Disney’s corporate success may

102. Disney forbids CMs to use foul language. See Janis Forman, Corporate Image and the

Establishment of Euro Disney: Mickey Mouse and the French Press, 7 TECHNICAL COMM. Q. 247,

252 (1998).

103. WASKO, supra note 46, at 93-94. An example of Disney’s avoidance of panic words came

when the Disney bus I was riding between the Magic Kingdom and the Animal Kingdom blew a tire.

Hearing the gunshot-like bang, the driver knew the bus had a problem. Rather than become upset,

he quietly radioed his supervisor, alerting him that our bus had a problem, and calmly maneuvered

the bus to the nearby Disney service station. The CM explained the situation to us using measured

tones with no outward display of negative emotion; he presented the bus problem as a minor

inconvenience that would soon be rectified and apologized to us for the delay. When we arrived at

the service station a new bus was waiting for us. The transportation manager came onto the bus to

talk to us after we were seated, apologized again for the inconvenience and pointed out the positive

fact that we were now on a brand new bus. Wishing us a “magical day,” he waved goodbye and we

got back en route. The significance of this negotiation was the avoidance of emotional contagion:

Our driver was calm, so we—even though half the passengers were under the age of ten—were

calm.

104. Gulas & Bloch, supra note 69, at 91 (noting that smells from the chemical family of

mercaptans, including decaying vegetation, spoiled milk, and skunk secretions, are universally

considered unpleasant) (internal citations omitted).

105. See supra Part II.B (discussing the negative associations of several colors).

106. CONNELLAN, supra note 64, at 47.

107. JEFFREY GITOMER, CUSTOMER SATISFACTION IS WORTHLESS, CUSTOMER LOYALTY IS

PRICELESS: HOW TO MAKE CUSTOMERS LOVE YOU, KEEP THEM COMING BACK AND TELL

EVERYONE THEY KNOW 59-60 (1998). Gitomer presents an expansive list of reasons why customers

fire companies. See id.

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largely be due to the fact that the Company has a long-standing training

program that every Disney CM undergoes.

108

All CMs participate in

Traditions, a “mix of company legend, behavioral guidelines, and psycho-

social bonding.”

109

Traditions begins with an explanation of Disney’s

corporate values and traditions, and proceeds to on-the-job training.

110

Through Traditions and the rest of the Disney University experience, CMs

learn Disney’s approach to serving the public and about preserving the

integrity of the WDW experience.

111

Cast Members are instructed to smile,

to make eye contact, and to seek out guests

112

in a manner Disney terms

“aggressively friendly.”

113

A CM who shows exceptional customer service

is rewarded with the title “Guest Service Fanatic.”

114

Ensuring that all CMs

are proficient in guest service is crucial for Disney because guests average

sixty CM contact opportunities while at WDW, and any of these

negotiations could be what a guest remembers after leaving the Resort.

115

An intriguing aspect of Disney’s training and CM guidelines is the

requirement that CMs display appropriate body language at all times.

116

108. This applies unilaterally to everyone employed at WDW; even the security officers are

recruited and trained by Disney. See supra text accompanying note 95.

109. WASKO, supra note 46, at 92 (internal quotations omitted).

110. CAPODAGLI & JACKSON, supra note 32, at 133-34.

111. See id.

112. WASKO, supra note 46, at 92. These guidelines are similar to those utilized by the airline

industry for their flight attendants. See ARLIE RUSSELL HOCHSCHILD, THE MANAGED HEART:

COMMERCIALIZATION OF HUMAN FEELING 95-97 (1983) (noting that flight attendants are instructed

to be outgoing, smile, make eye contact, have sincere and unaffected facial expressions, and project

a friendly personality). Further parallels between the work performed by flight attendants and CMs

are discussed infra.

113. CONNELLAN, supra note 64, at 40 (internal quotations omitted). Being aggressively

friendly involves stopping whatever the CM is doing and helping a guest in any way possible. Id.

114. WASKO, supra note 46, at 93 (citing literature distributed by the Walt Disney Company).

Four main elements contribute to the making of a Guest Service Fanatic: (1) Service (making eye

contact, smiling, exceeding guest expectations, seeking out guest contact, greeting every guest,

giving outstanding quality service, and maintaining a high personal standard of quality in one’s

work); (2) Teamwork (going beyond the call of duty, displaying a strong team initiative,

communicating actively with guests and fellow CMs, and preserving the “magical” guest

experience); (3) Attitude (giving 100% performance, being extremely courteous and friendly,

exemplifying the Disney Look, thanking every guest, and maintaining appropriate body language);

and (4) Recovery (providing immediate service recovery, aggressively seeking opportunities to

satisfy guests fully, solving guests’ problems before guests become dissatisfied, demonstrating

patience and honesty in handling complaints, and preserving the integrity of the show). Id. See infra

Appendix A; see also infra Appendix C.

115. CONNELLAN, supra note 64, at 41.

116. WASKO, supra note 46, at 92, 93.

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Body language is an important aspect of negotiation, in part because

emotions can have a strong physiological impact upon the body, such that

body language communicates emotions.

117

This communicative type of

body language involves instinctive gestures, which are universally

significant such that guests of any nationality can understand them.

118

emotions are usually contagious,

119

if guests perceive CMs’ negative

emotions through CMs’ body language, the guests’ happiness can similarly

be dampened.

Another form of body language significant in negotiation is acquired

gestures,

120

which vary cross-culturally. Disney is wise to proscribe use of

certain types of body language because, aside from the possibility of CMs’

conveying negative emotions through instinctive gestures, acquired gestures

have different meanings in different countries. This creates the potential that

a CM’s hand motion that is innocuous in the United States would be very

insulting to a foreign visitor. For example, the “thumb’s up,” which in the

U.S. means “everything is OK” or “good going,” is considered a rude

gesture in Nigeria and Australia, while in Germany and Japan it represents

the numbers one and five, respectively.

121

A similar example is the North

American “OK” sign, which can alternately signify a pejorative name

(Germany, Latin America), the giving of a curse (Saudi Arabia), “zero”

(France), or “money” (Japan).

122

Even the amount of personal space

expected varies across cultures.

123

Considering Disney has six Resorts on

three continents and receives guests from all over the world, it is important

for Disney to take steps not to offend any of its clientele, international or

domestic.

Training CMs in displaying universally inoffensive body language is

one way in which Disney prepares for successful negotiations. For instance,

when asked for directions, CMs are instructed to point with no fewer than

two fingers, since it is impolite in some cultures to point with only one.

124

117. FISHER & SHAPIRO, supra note 22, at 11.

118. See ROGER E. AXTELL, GESTURES: THE DO’S AND TABOOS OF BODY LANGUAGE AROUND

THE WORLD 4 (1998); see also infra Appendix B.

119. FISHER & SHAPIRO, supra note 22, at 13.

120. See AXTELL, supra note 118, at 5; see also infra Appendix B.

121. Id. at 45.

122. Id. at 10, 17, 43-44.

123. For example, Americans generally expect 12-15 inches of personal space (a total of 24-30

inches between people), while Asians, especially the Japanese, leave more space. Id. at 42. In

contrast, Latin Americans and Middle Easterners often stand toe-to-toe with each other, possibly

with a hand on the other person’s forearm, elbow, or lapel. Id.

124. See CONNELLAN, supra note 64, at 136-37. Pointing with two fingers has a practical

purpose, as well: It is easier to keep the arm straight so that guests can tell where the CM is pointing.

Id. at 136.

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Likewise, CMs are not seen conversing with their hands in their pockets

125

or with their hands on their hips.

126

The most prevalent gesture displayed by

CMs during their negotiations with guests is the smile, the so-called

“ultimate gesture,” which is universally understood as an indication of

positive emotions and which releases endorphins, creating a mild

euphoria.

127

By training CMs to avoid gestures that might offend guests, and

to utilize ones that stimulates positive emotions, Disney’s preparation with

respect to body language contributes to WDW’s being the HPOE.

Drawing these observations together, one of Disney’s great strengths in

negotiations with guests and CMs is its control over the WDW environment,

which functions as a type of preparation for Disney’s negotiations.

Preparation can aid a negotiator in stimulating positive emotions and is an

important part of an effective negotiation.

128

Walt Disney World’s design

stimulates positive emotions by creating a feeling of harmony, wonder, and

positive energy and by appealing to the senses. Disney also conscientiously

avoids stimulating negative emotions at WDW by employing social controls

and by minimizing unpleasant sensory stimuli at the Resort. Another form

of preparation Disney utilizes is its CM training, which ensures that CMs are

well-equipped for negotiations with guests. Thanks to such elaborate

preparation of the negotiation environment, Disney is able to negotiate with

guests and CMs in a manner that contributes to WDW’s being the HPOE.

III. HOW DISNEY SUCCESSFULLY UTILIZES THE CORE CONCERNS IN

NEGOTIATIONS

Guests negotiate with Disney on two levels: first, with the Company and

the Disney brand via television, movies, merchandise, and the Resorts, and

second, with Disney’s agents through its CMs.

129

The Disney brand’s power

is significant: With $40.9 billion in revenue in 2011, six theme parks and

more than a dozen other vacation and resort destinations worldwide, and

125. This is considered impolite in many countries, including Belgium, Indonesia, France,

Finland, Japan, and Sweden. AXTELL, supra note 118, at 101.

126. This is a gesture of challenge or defiance in Indonesia and throughout much of Latin

America. Id.

127. Id. at 118 (internal quotations omitted).

128. See FISHER & SHAPIRO, supra note 22, at 170.

129. For example, Disney can build affiliation with a guest either by using the Castle as a

nostalgic reminder of the guest’s childhood dream to be a princess or by a CM’s discussing with the

guest how she had wanted to be a princess too.

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diversified business segments that include media networks, studio

entertainment, consumer products, and interactive media,

130

Disney is more

than just a company. It is an entertainment empire and an icon in many

guests’ lives.

131

Thus, in examining how Disney meets guests’ Core

Concerns in negotiating to make Walt Disney World the Happiest Place on

Earth, it is important to consider both guests’ more remote interactions with

Disney through features of the Resort, as well as their immediate exchanges

with CMs. Similarly, evaluating Disney’s negotiations with CMs requires a

type of entity approach to understanding Disney as a negotiator.

132

This Part

examines Disney’s success in meeting the Core Concerns in its negotiations

with guests and CMs.

A. Negotiations with Guests

1. Affiliation

Disney starts building affiliation with guests before they even arrive at

WDW. Guests become familiar with Disney through the Company’s

television channel, radio network, movies, and stores; by the time they come

to the Resort, guests feel familiar and affiliated with Disney. This is

particularly the case for foreign guests who grew up without a Resort in

proximity, since their main sources of contact with Disney are magazines,

films, and toys.

133

In this way, Disney’s status as a brand empire is

significant in meeting guests’ concern for affiliation,

134

also because the

Disney brand translates cross-culturally. Regardless of their national origin,

guests can share the common bond of being Disney guests. Moreover,

guests returning to WDW after having visited previously enjoy a sense of

130. See Annual Report, supra note 7, at 1-15, 25.

131. For instance, one guest chatted with me about how she had grown up watching Disney on

television and had always told herself, “Someday I’ll go there!” Interview with a guest, at Walt

Disney World (Jan. 15, 2007). Disney’s status as a brand empire is significant because many guests

feel a sense of affiliation with the Company distinct from that which they may develop with the

CMs.

132. For example, understanding CMs’ pay as an indication of Disney’s appreciation of the

CMs depends in some sense upon viewing Disney’s hiring and employment practices and policies as

a negotiation between the individual CMs and the Company as an entity.

133. This affiliation with Disney’s merchandise and media sectors instead of with its Parks is

one reason why Disneyland Paris was initially unsuccessful: Europeans associated Disney with its

products and entertainment rather than with its vacation opportunities, and thought Disney’s “theme

park” was merely an overpriced fair. The Kingdom Inside a Republic (New Management Strategy at

Euro Disney), ECONOMIST (US), Apr. 13, 1996, at 66-67.

134. See supra text accompanying notes 130-31 (discussing Disney as a brand empire).

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nostalgic affiliation with Disney—their memories of Disney make them feel

connected to it.

135

Disney is a repeat player in many of its guest

negotiations, and presumably, most of the guests returning to WDW feel in

some way affiliated with Disney. This is particularly the case because

Disney tends to redefine and remarket itself every five or ten years, [so] we can all visit

Disney World and discover some nostalgic connection to our childhoods. Disney World

might be thought of as an immense nostalgia machine whose staging and specific

attractions are generationally coded to strike a chord with the various age categories of its

guests.

136

This reinvention means that guests of all ages can feel connected to

Disney. Fulfilling guests’ concern for affiliation by establishing an ongoing

relationship with them aids Disney in its efforts to make WDW the HPOE.

Offering guests a variety of Disney merchandise (effectively “dress-up”

clothing) is another way in which Disney appeals to guests’ concern for

affiliation. At WDW, grown men walk around with Goofy hats on,

grandmothers wear Minnie Mouse ears, little boys dress as Captain Hook,

and little girls parade down the street in full Cinderella costumes, complete

with glass slippers.

137

Encouraging guests to dress as Disney characters

helps guests to affiliate with Disney because it makes them part of Disney.

Though few guests go about their “real” lives sporting cartoon ears,

138

at the

HPOE they are part of the show, and being part of the show makes them feel

more emotionally connected to Disney.

Perhaps a more significant method by which Disney meets guests’

concern for affiliation is through the CMs. As a threshold matter, CMs

minimize personal distance between themselves and guests by being

constantly present and available for personal contact. From the greeter

wearing a big Mickey Mouse

139

hand, waiving at guests as they enter the

Magic Kingdom through the bag check line, to the tram drivers who wish

135. This type of nostalgic affiliation with WDW was strikingly evident for a guest who had

visited WDW frequently because her parents lived nearby. When her mother passed away, returning

to WDW was “good medicine” for her. She perceives WDW as a comfortable and familiar place to

which she has an emotional connection. Interview with a guest, at Walt Disney World (Jan. 16,

2007).

136. THE PROJECT ON DISNEY, supra note 29, at 9-10.

137. See Characters, supra note 1.

138. One family explained the inevitable purchase of silly hats: “We’ll never wear them again,

but we’re on vacation and we want to have a good time.” Dressing as the characters was part of

having a good time because it made them feel more personally involved with WDW. Interview with

a family of four guests, at Walt Disney World (Jan. 13, 2007).

139. See Characters, supra note 1.

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guests a “magical evening” as they drop them off at their cars, CMs seek out

personal contact. Cast Members are always present and happy to talk to

guests in every area of the Resort. In addition, Transportation

140

CMs also

frequently introduce themselves, thereby transforming an employee who

drives the bus into a first-name-basis friend joining guests for a ride. This

type of personal contact is crucial for Disney’s negotiating success because

it puts real, human faces on what is otherwise an enormous, anonymous

company. Following Fisher and Shapiro’s suggested negotiating strategy,

141

Disney maximizes the number of face-to-face interactions between CMs and

guests, and thereby minimizes personal distance between them.

Moreover, these interactions are designed to encourage affiliation

between CMs and guests. All CMs wear name tags with their first name and

place of origin. Inviting guests to call CMs by their first names makes

guests feel closer to the CMs and more able to connect with them on a

personal level. Additionally, stating CMs’ hometowns on their name tags

facilitates the creation of structural connections

142

between the CMs and the

guests. This is an effective negotiation technique, as I discovered upon

encountering a CM on Big Thunder Mountain Railroad

143

collecting

FastPasses

144

whose tag said she came from the town next to mine. I was

encouraged to strike up a conversation with her based on this connection,

and found that she frequently visits my hometown. Finding a structural

connection during a quick interchange (lasting no more than a minute) while

I was in line for a ride left me with a smile on my face and feeling closer to

Disney than I had prior to entering the line. Walt Disney World became a

happier place for me because someone knew—if not me—at least where I

come from, and sharing this familiarity with her made me feel almost as

though I had a friend.

One perceptive, management-level CM commented upon the building of

relationships with guests as a way in which he copes with guests’ negative

emotions: When guests are upset, he tries to engage them and become

friendly with them.

145

Encouraging the feeling of friendship to build

affiliation is one of Disney’s negotiation strengths. This is evidenced by

guests’ interactions with the Characters. The costumed CMs encourage

guests to interact with them as friends by hugging them and posing with

them for pictures. Disney even offers Character meals, where Characters

140. See infra Appendix A.

141. FISHER & SHAPIRO, supra note 22, at 61.

142. Id. at 54-56; see also infra Appendix B.

143. See Attractions, supra note 1.

144. See infra Appendix A for an explanation of the FastPass system.

145. Interview with an Epcot Cast Member, at Walt Disney World (Jan. 14, 2007).

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greet guests at their tables, offering hugs and kisses and innumerable photo

opportunities.

146

While the Characters do not speak, their body language

conveys every indication of a personal connection between them and the

guests. Guests feel affiliated with the Characters because of having watched

Disney characters’ films and purchased their toys, and the Characters

reciprocate that sense of affiliation by treating guests as intimates, playfully

teasing them and “commenting” on their personal lives.

147

The Characters’

mute negotiations with guests contribute significantly to WDW’s being the

HPOE because they make guests feel as though WDW is full of their

intimate friends. By being so deliberately and immediately intimate with

guests, CMs fill guests’ need for affiliation.

It is important to note, however, that though CMs sometimes reduce

personal distance to the point of nonexistence, they are careful to respect

personal boundaries and not to force guests to become more intimate than

they are comfortable being. For instance, though CMs wear name tags

bearing their first names and hometowns, they consistently address guests as

“Sir” and “Ma’am” unless encouraged to do otherwise.

148

While CMs

always smiled as I approached and were always willing to talk to me—even

about their personal lives outside of Disney—after I struck up a

conversation, they almost never initiated a conversation with me by asking

for my personal details.

149

Interestingly also, CMs were never the first to

end the conversation—they continued speaking with me until I indicated that

the conversation was over. The import of the CMs’ negotiation style with

respect to affiliation was that they were friendly, but careful to relate with

me on terms with which I was comfortable. They were receptive to

establishing a personal connection, but comported themselves so as to avoid

offending guests who wished to maintain greater emotional distance than I

did. The Disney term “aggressively friendly” notwithstanding, CMs’

146. As Fisher and Shapiro note, hugs and kisses are physical signals of emotional closeness.

FISHER & SHAPIRO, supra note 22, at 61.

147. Notably, Chip and Dale teased one teenage boy dining with his parents and younger sister

by removing his hat, turning it inside out, replacing it, and patting him on his head before posing for

the camera. Captain Hook repeatedly attempted to “steal” my earrings. Pluto has a penchant for

licking unsuspecting fathers. And when I attended a Character dinner, every single Character

pointed to the empty seat across from me and raised his arms in a gesture that screamed, “Why are

you all alone? Where is your date?” before coming around the table and smothering me in hugs.

See Characters, supra note 1.

148. An exception is made to this general rule when guests are wearing celebratory buttons.

See infra text accompanying notes 184-85.

149. The exception was an occasional question where I came from.

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negotiation style contributes to establishing the HPOE because it invites

emotional contact to the extent that it meets guests’ need for affiliation, but

does not push it to the extent that it becomes intrusive and disaffiliating.

2. Autonomy

Autonomy is a difficult concern to meet in the context of a theme park

such as WDW, where guests pay to be provided with consistent, familiar

entertainment and attractions that numerous others want to experience at

exactly the same time. To stimulate positive emotions so as to make WDW

the HPOE, Disney must strive to avoid impinging upon guests’ autonomy.

150

An obvious challenge to fulfilling guests’ concern for autonomy is that

Disney is negotiating simultaneously with thousands of guests, many of

whom have competing autonomy concerns. Certain impingements upon

guests’ autonomy are unavoidable; that is, no guest can reasonably expect to

visit WDW and be able to ride any ride of his choosing without waiting in a

line. Waiting one’s turn is part of the theme park experience. Nor can a

guest expect to dictate that his favorite ride not be closed for refurbishment

during his visit.

151

What Disney can—and does—do is maximize the

number of ways in which guests can customize their experiences to their

liking, thereby meeting their need for autonomy.

Disney expands guests’ autonomy at a threshold level by providing a

plethora of different types of experiences for guests to choose when visiting

WDW. For example, not only can guests ride rides and watch parades and

street shows, but golfers can play golf, shoppers can shop, beach lovers can

lounge in the sun at the lake-side hotels,

152

racing enthusiasts can drive race

cars at the Richard Petty Driving Experience,

153

water park fans can visit

WDW’s two water parks,

154

animal lovers can embark on African safaris,

155

150. See FISHER & SHAPIRO, supra note 22, at 74-75.

151. See infra text accompanying notes 369-72 (discussing the emotional implications of

refurbishment).

152. For example, Disney’s Caribbean Beach Resort or Disney’s Grand Floridian Resort & Spa.

See Accommodations, WALT DISNEY WORLD, http://disneyworld.disney.go.com/resorts/ (last visited

July 11, 2012).

153. See Richard Petty Driving Experience: Sports and Recreation at Walt Disney World

Resort, WALT DISNEY WORLD, http://disneyworld.disney.go.com/recreation/richard-petty-driving-

experience/ (last visited July 13, 2012).

154. Disney’s Blizzard Beach and Disney’s Typhoon Lagoon. See Water Parks, WALT DISNEY

WORLD, http://disneyworld.disney.go.com/water-parks/ (last visited July 13, 2012).

155. At the Animal Kingdom and Disney’s Animal Kingdom Lodge. See Accommodations,

supra note 152.

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gardeners can learn about horticulture,

156

gourmands can choose from every

imaginable cuisine, and club-goers can dance the night away.

157

In other

words, while the Parks may feature carefully scripted rides that offer guests

little in the way of choice, guests are nonetheless free to choose the type of

entertainment they care to enjoy while visiting WDW. Disney meets guests’

concern for autonomy first by providing them with a breadth of options, both

in the nature of Park they choose to visit, and also in the activities they select

while at the chosen Park.

Disney strives to expand guests’ autonomy inside the Parks as well. A

primary method by which Disney accomplishes this is by helping guests to

manage their time. Displayed at the entrance of each ride is the expected

wait time.

158

Posting the wait time is important because it allows guests to

choose whether to devote that amount of time to standing in the line. Disney

expands guests’ autonomy by providing them with input so they have an

informed basis for making their decision about how to spend their time.

However, when the Park is busy, merely informing guests of their expected

wait is insufficient, as many guests would wait as long as it takes to ride

their favorite rides. The FastPass system enables guests to manage their

time at the Park by allowing them to decide which lines to wait in and which

to bypass with a FastPass. For an experience in which long waits are an

unavoidable impingement upon guests’ autonomy, the ability to make a

“reservation” for rides is an important technique Disney employs to respond

to guests’ concern for autonomy.

The expansive autonomy WDW offers is particularly notable for the

youngest guests. At WDW, kids can lead their parents and dictate which

rides the family will ride. Children are treated as full-fledged citizens of

156. At Epcot’s “Behind the Seeds” tour or by visiting Epcot during the spring Epcot

International Flower & Garden Festival. See Behind the Seeds at Epcot: Tours and Special

Experiences at Walt Disney World Resort, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/tours-and-experiences/behind-the-seeds/ (last visited July 13,

2012); see also Epcot International Flower & Garden Festival: Special Event at Epcot, WALT

DISNEY WORLD, http://disneyworld.disney.go.com/parks/epcot/special-events/epcot-international-

flower-and-garden-festival/ (last visited July 13, 2012).

157. At the Atlantic Dance Hall on Disney’s BoardWalk. See Disney’s BoardWalk Area,

WALT DISNEY WORLD, http://disneyworld.disney.go.com/destinations/disneys-boardwalk/ (last

visited July 13, 2012).

158. Disney keeps these posted times accurate by having the CM at the ride’s entrance ask

some guests to carry through the line a time card electronically stamped with the time the guests

entered the line, which the CM at the head of the line collects from the guests and swipes into the

system, thereby clocking the amount of time the guests spent in line.

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WDW, with their own special menus and places of recreation.

159

Because

Disney creates a safe and entirely family-friendly world for its guests,

children have a breadth of options unavailable to them in their ordinary

lives. Added to the fact that a trip to WDW is a vacation from school and

from parental decrees beginning with, “as long as you’re under my roof,”

Disney provides most thoroughly for the autonomy of young guests by

presenting them with an environment in which children are valid decision

makers.

Disney serves guests’ concern for autonomy also from another

perspective. As Fisher and Shapiro note, having expansive autonomy, with

numerous choices and decisions to make, can also stimulate negative

emotions.

160

And as mentioned above, WDW is replete with choices for

guests to make—regarding places and styles of entertainment, specific

attractions, and even types of snacks.

161

Disney’s occasional narrowing

down of the possible options is a means for supplying guests with a desirable

degree of autonomy.

162

In this sense, the predetermined, prepackaged, and

thoroughly controlled nature of the Park has positive aspects. Not only does

Disney’s careful scripting ensure that each guest has a consistent experience

(which minimizes guests’ disappointment and reinforces their nostalgia), but

it also frees guests from having to make some decisions. After opting to ride

Pirates of the Caribbean, guests do not have to decide what song the pirates

will be singing or worry whether they will miss seeing the cannons fire as

they go past. Faced with innumerable decisions in their daily lives and

constantly required to shape their own entertainment, guests derive a certain

measure of autonomy precisely from the fact that Disney impinges to an

extent upon their autonomy. Guests make the active choice to come to

WDW and to give themselves over to Disney for a short span; the fact that

Disney assumes some control over their time in the Parks is precisely why

they consider WDW to be the HPOE.

On the second level of guests’ negotiations with Disney, they find that

CMs also expand their autonomy. As one ten-year veteran CM put it,

159. This has implications for children’s status and role as factors in WDW’s being the HPOE.

See infra Part III.A.

160. See FISHER & SHAPIRO, supra note 22, at 81.

161. Faced with the difficult snack decision myself, I narrowed it down to my three favorites: a

soft pretzel, ice cream, or a chocolate-covered caramel apple. I remarked upon the difficulty of the

choice to a CM with whom I was chatting and asked his advice. “Well,” he hedged, “it depends

upon what you’re in the mood for.” Feeling the burden of excessive autonomy, I opted for the apple,

if only because I had already had the other two treats on the previous days. I walked away from the

exchange slightly annoyed by his unhelpful, albeit diplomatic, response, since I had hoped to

delegate some of my autonomy to him. Interview with a Magic Kingdom Cast Member, at Walt

Disney World (Jan. 17, 2006).

162. See FISHER & SHAPIRO, supra note 22, at 82.

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dealing with guests is “easy. Just give them space.”

163

Cast Members are

quite attune to providing guests with the freedom to enjoy WDW as they

choose, and seemingly endeavor not to place any restrictions upon guests

that are not necessary for reasons of safety or Park functioning.

164

For

example, when my mother picked up a Stitch

165

headband from a vendor’s

kiosk and tried it on, the CM vendor not only permitted her to frolic around

while wearing it, but even led her over to a distant window so that she could

see how she looked. Moreover, when Space Mountain had to be shut down

temporarily for an impromptu safety check, the CMs gave us the option of

staying in line and sitting in place for the twenty-or-so minutes it might take

to get the ride back in operation. And when a CM at Guest Relations

166

realized that she would have to place several phone calls to fulfill my special

dining request, she offered me the option of calling my cell phone with the

answer, rather than making me wait at her desk and miss time in the Park.

While these may seem like trivial instances, they are indications that Disney

instructs CMs to expand guests’ autonomy to the extent possible, which

helps to make WDW the HPOE. In both the Resort environment and in the

CMs’ interactions with guests, Disney meets guests’ concern for autonomy

to a satisfying, but not overwhelming, extent.

3. Status

Disney is unique in its efficacy in appreciating guests’ status throughout

its negotiations with them. At WDW, Disney does a masterful job of

making each guest feel that his social status

167

is high, yet also manages to

equalize guests’ social status at the Resort to a great extent. That is, Disney

makes every guest feel as though he is someone special. As one CM

phrased it, a CM’s job is to make each guest feel like the “most important

person” in the Park.

168

Cast Members create this feeling in part by devoting

their full attention to guests when they interact. Attention to guests is so

important that when my mother apologized for monopolizing too much of

163. Interview with an Epcot Cast Member, at Walt Disney World (Jan. 14, 2006).

164. Examples of such necessary restrictions are the admonishments to keep hands and arms

inside the rides while they operate, the insistence that guests form lines and wait their turn for rides,

and the limitations imposed by the Parks’ operating hours.

165. See Characters, supra note 1.

166. See infra Appendix A.

167. See FISHER & SHAPIRO, supra note 22, at 96; see also infra Appendix B.

168. Interview with a Hollywood Studios Cast Member, at Walt Disney World (Jan. 15, 2007).

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one CM’s time and distracting her from her shop, the CM replied that her

supervisor would be pleased if she did nothing but talk to my mother for the

whole day—her main priority as a CM is guest interaction.

169

Establishing guest service as CMs’ top priority indicates that guests

have high social status at WDW, as does CMs’ style of interacting with

guests. When I encountered a CM at least thirty years my senior in a tight

aisle of a store, he backed out of the aisle so that my passage would not be

inconvenienced. Moreover, though CMs introduce themselves by—and

wear name tags bearing—their first names, they address guests as “Ma’am”

or “Sir,” or by title and last name, unless encouraged by the guests to use

their first names.

170

Cast Members’ use of title and last name when

addressing guests is a sign of respect that indicates guests’ higher social

status at WDW.

171

While Disney endeavors to make guests feel as though their social status

is high, it also creates an atmosphere that suggests that all guests’ social

status is equally high. At WDW, every guest is a “VIP” who receives

special treatment; those guests of higher social status outside of WDW are

quietly termed “PXs” by CMs:

We’re not supposed to single any guest out above any other guest. If we happen to be in

a guest area, we say PX because other guests don’t know what we’re talking about with

PX. . . . It’s so we can single out the very important people without making the VIP

regulars seem regular.

172

Equalizing guests’ status is more than a mere linguistic pursuit. One

method Disney employs to minimize social status distinctions among guests

is to provide access to as many Resort facilities as possible to all guests,

regardless of which hotel they are staying in, or whether they are staying on

the property at all.

173

For example, all guests have equal access to each

hotel’s restaurants, and everyone—even guests staying off-site—can use the

transportation system free of charge.

174

Disney draws distinctions between

guests only in use of such facilities as pools, exercise equipment, and Extra

Magic Hours.

175

Since the Resort hotels vary greatly in price,

176

granting

169. Interview with a Hollywood Studios Cast Member, at Walt Disney World (Jan. 15, 2007).

170. This courtesy is combined with the fact that CMs typically do not enter into personal

conversations unless invited to do so first by guests. However, CMs do use guests’ first names when

guests are wearing celebratory buttons. See supra note 148; see also infra text accompanying notes

184-85.

171. See FISHER & SHAPIRO, supra note 22, at 97-98.

172. THE PROJECT ON DISNEY, supra note 29, at 146 (quoting “Kevin,” a food service CM).

173. See Guest Services, WALT DISNEY WORLD, http://disneyworld.disney.go.com/guest-

services/ (last visited July 12, 2012).

174. See id.

175. See infra Appendix A.

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access to all guests regardless of their chosen hotel location minimizes the

social status distinctions between them.

Another important status equalizer is the accommodations made for the

physically handicapped. Most areas are handicap-accessible, and even

guests in need of wheelchairs can ride all the rides.

177

Disney’s commitment

to equal status for handicapped guests became clear as I watched a German

Shepherd guide dog lead his owner onto Pirates of the Caribbean. The

extent to which Disney minimizes distinctions between its guests contributes

to WDW’s being the HPOE for everyone, not just for the wealthy or

physically fit.

Children in particular enjoy high social status at WDW. The fact that

WDW is a family-friendly environment, in which bad language, sex,

alcohol, and horror have little or no place, is a testament to the fact that

Disney respects kids as high status guests. Further, Disney provides children

with entertainment opportunities uniquely their own, such as the Bibbidi

Bobbidi Boutique, which gives guests aged three through twelve a princess

or knight makeover complete with hair styling and costume.

178

Cast

Members also make special efforts to recognize kids as important guests.

When a Character approaches a family, he immediately gravitates to and

interacts with the children. Parents typically are merely the picture-takers or

buffoons for their children’s enjoyment.

179

Another example of CMs’

elevating children’s status is the Character dinner in one Magic Kingdom

restaurant, in which Tigger

180

led a parade of children throughout the

restaurant while a song with the refrain “It’s your special day!” played in the

background. For children, one of the reasons that WDW is the HPOE is

because their social status there is higher than it is in their everyday lives.

176. Disney “value” hotels start at $84 per night, “moderate” hotels start at $159 per night, and

“deluxe” resorts start at $265 per night. See Accommodations, supra note 152. By means of

contrast, the off-site motel I stayed in during a research trip to WDW was $45 per night.

177. Guests may have to transfer from wheelchairs on some of the rides. Disney devotes an

entire section of WDW’s website to guests with disabilities. See Guests with Disabilities, WALT

DISNEY WORLD, http://disneyworld.disney.go.com/wdw/common/Plain?id=PlainHomePage (last

visited Jan. 22, 2007).

178. See Bibbidi Bobbidi Boutique, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/tours-and-experiences/bibbidi-bobbidi-boutique/ (last visited July

11, 2012).

179. For example, Pluto likes to lick fathers’ heads for their children’s amusement. One caveat

is that sometimes very young children do not trust the Characters, in which case the CMs interact

first with the parents so that the kids can see that the Characters are safe and friendly.

180. See Characters, supra note 1.

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While Disney strives to minimize social status distinctions among its

guests, it also employs myriad techniques for recognizing guests’ particular

status.

181

Fisher and Shapiro refer to particular status as high standing in

terms of one’s expertise, experience, or education,

182

but Disney recognizes

a variation on this concept, one that focuses upon life events such as

weddings, anniversaries, and birthdays. Recently-married guests who

purchase matching Mickey Mouse

183

and Minnie Mouse ears, his with a top

hat and hers with a veil, are greeted with calls of “Congratulations!” by

CMs. When I told a CM that my family was celebrating my brother’s

engagement, she had our server bring two complimentary flutes of

champagne for the engaged couple. Likewise, couples celebrating their

anniversary can obtain free buttons to announce their special occasion.

184

First-time guests can receive buttons proclaiming “1st Visit!” and birthday

celebrants can get buttons emblazoned with “Happy Birthday!”

185

Whenever a CM sees a guest with a special button, he congratulates the

guest on the special occasion—by name, if the name is written on the button.

Birthdays are a particular Disney specialty: One guest visiting WDW for her

eighteenth birthday found a cake, balloon, and card signed by Prince

Charming

186

awaiting her in her hotel room. Another received a special

menu with “Happy Birthday, Melody!” written at the top as a souvenir of

her birthday dinner. And at my last Disney birthday dinner, I found my

table covered in Mickey Mouse glitter and was treated to a complimentary,

specially made dessert with “Happy birthday, Lauren” written in chocolate

on the rim of the plate. Recognizing guests’ important events in these ways

increases their particular status, thereby stimulating positive emotions. And

by means of this constant celebration, WDW moves closer toward being the

HPOE.

As evidenced by Disney’s form of recognizing particular status, when

Disney does draw distinctions between guests’ status levels, it does so in

ways that make achieving relatively higher status equally attainable for all

guests. Celebrating life events that everyone has, such as birthdays, is one

way in which Disney increases individual guests’ status without making

other guests feel relatively worse off. Another method is making it possible

for all guests to achieve positions of higher status on a first-come, first-

181. See FISHER & SHAPIRO, supra note 22, at 99-100; see also infra Appendix B.

182. FISHER & SHAPIRO, supra note 22, at 99.

183. See Characters, supra note 1.

184. See Celebrate Your Special Occasion, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/celebrations/ (last visited July 11, 2012).

185. See id.

186. See Characters, supra note 1.

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served basis, upon the guests’ requests. For example, at the Magic Kingdom

each morning a “Family of the Day” is randomly selected from amongst the

guests waiting to enter the Park.

187

This family gets to enter before any other

guests and enjoys a brief private tour with the Characters before the Park’s

gates officially open to all guests.

188

A third technique Disney employs is granting high status on a random

basis. For instance, during one research trip to WDW in 2007 I saw several

guests walking around the Parks with purple badges entitled “Dream

FastPass” hanging around their necks. These badges included a FastPass for

every ride in the Park that accepted FastPasses. When I inquired how they

obtained them, the guests told me it was random; CMs had simply given

them the badges. On another occasion, while I waited in line for the

Mickey’s PhilharMagic attraction,

189

a CM called all the guests to attention

and introduced a family of “special guest musicians” who would be treating

us to a rendition of “Beethoven’s Piano Concerto Number 19 in D

Minor!”

190

The CM gave the family maracas, cymbals, a tambourine, and a

bongo drum, and the waiting guests listened politely to fifteen seconds of

cacophony. When they concluded, we all applauded vigorously. The CM

had elevated their status in a way that delighted the chosen family, but did

not make the other guests feel inferior because we knew that we too could be

chosen the next time. Disney’s efforts to make individual guests feel special

increase guests’ happiness as a whole because these efforts are made in a

way that reassures guests that the next opportunity to enjoy elevated status

could be theirs. As a result, not only the individual guests who are singled

out for attention, but rather the entire populace of guests, experience the

positive emotions of hope, optimism, and favorable anticipation. All of

these emotions contribute to WDW’s being the HPOE.

Drawing these observations together, Disney’s approach to status is

constructive in its simultaneous negotiations with thousands of guests

because it minimizes the outside world’s social status distinctions and

187. Telephone interview with a Magic Kingdom Cast Member (July 11, 2012).

188. Id. The other Parks have “Family of the Day” experiences as well. Id. Another example

is rides in the monorail cockpit, which guests were able to request on a first-come, first-served basis

until a 2009 monorail accident led Disney to discontinue this practice. See Peggy Macdonald-

Demosthenous, Disney World Denies Responsibility for Fatal Monorail Crash, Requests Trial by

Jury, EXAMINER (Mar. 23, 2010), http://www.examiner.com/article/disney-world-denies-

responsibility-for-fatal-monorail-crash-requests-trial-by-jury.

189. See Attractions, supra note 1.

190. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

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replaces them with its own version of nonpreferential recognitions of

particular status. All guests are treated as being of high social status, which

is reinforced in comparison with CMs’ lower status. When Disney singles

out individual guests for status recognitions, it does so in a way that stresses

equal opportunity for elevated status. Disney’s treatment of guests’ status

stimulates positive emotions by making them feel important and special, and

gives them hope that their turn to experience relatively higher status will be

next.

4. Role

In accordance with Walt Disney’s original vision for Disneyland,

191

Disney has always perceived the role of its customers to be that of valued

guests. Disney instructs its CMs that every time they are in the public view

and in contact with guests they are “on stage,”

192

and their performance in

the Park is for the guests’ benefit. Guests who visit WDW play a variety of

conventional roles

193

in their everyday lives—they are parents, children,

employees, students, and homemakers. The level of fulfillment the guests

derive from these roles varies. Some view the trip to WDW as an enjoyable

addition to other activities within their conventional role, while others see it

as a welcome escape from their role’s daily demands. Part of the allure of

WDW, and part of what makes it the HPOE, is that it allows visitors to

choose more fulfilling temporary roles

194

during their vacations than they

adopt in their ordinary lives.

At WDW, visitors play the temporary roles of vacationers and of guests.

They are free from many of the activities that define their conventional roles.

Their responsibilities consist primarily of enjoying themselves and spending

time with their families or friends. Disney reinforces these roles by

minimizing guests’ responsibilities as much as possible. For instance, rather

than worry about renting a car to drive to WDW from the airport, guests can

take advantage of Disney’s “Magical Express” service, which picks up

guests and their luggage upon arrival at the airport and drops them off at the

airport at the end of their stay.

195

So that adult guests do not have to play the

role of responsible drivers, Disney provides complimentary transportation

191. See infra text accompanying note 254.

192. See THE PROJECT ON DISNEY, supra note 29, at 114 (internal quotations omitted); see also

infra Appendix A.

193. See FISHER & SHAPIRO, supra note 22, at 118; see also Appendix B.

194. See FISHER & SHAPIRO, supra note 22, at 118; see also infra Appendix B.

195. See Complimentary Airport Transportation, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/planning-guides/in-depth-advice/airport-service/ (last visited Sept.

18, 2011).

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between every point on the Resort property.

196

Even guests who love to

shop do not bear the burden of their preferred activity: Disney’s package

delivery service relieves guests of having to carry their purchases through

the Park by delivering the items directly to their hotel rooms.

197

The role of

guest, unencumbered by responsibilities and encouraged to play, perhaps

accounts for why a large number of honeymooners and other adult couples

visit WDW.

The aforementioned “dress-up” options that Disney offers to guests

198

make guests’ role at WDW more fulfilling. Not only can little girls and boys

meet their favorite princesses and pirates, but they can even dress up as one

and play that role themselves.

199

This type of role play makes guests’ roles

at WDW more fulfilling because it enables them to be part of the

entertainment, not merely to experience it. Disney helps guests to imagine

that they are living the fairy tale. In doing so, Disney creates the HPOE

because it enables guests to adopt the roles that they wish they could play in

“real” life, and encourages them to believe that they can attain their dream

roles.

200

Consistent with this, Disney’s theme for 2007 was the “Year of a

Million Dreams,”

201

during which time all the entertainment centered around

the concept that guests can dream about the roles and activities they would

like their lives to incorporate, and that those dreams can come true. Walt

Disney World is the HPOE because it encourages guests to contemplate their

196. See Complimentary Resort Transportation, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/planning-guides/in-depth-advice/resort-transportation/ (last visited

Sept. 18, 2011).

197. See Guest Services: Package Pick-Up, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/guest-services/package-pickup/ (last visited Sept. 18, 2011).

198. See supra text accompanying 137-38.

199. This was particularly the case at Disney’s Pirate and Princess Party, held at the Magic

Kingdom on certain days from January through March 2007. Guests were encouraged to dress as

pirates or princesses, and were offered the opportunity to meet pirates and princesses from Disney

films and to go on a quest for treasure throughout the Park.

200. For instance, the current show performed several times daily in front of the Castle in the

Magic Kingdom is entitled “Dream-Along With Mickey.” It features a cast of Characters imagining

and then acting out the roles that they would like to play (e.g., Donald Duck becomes a pirate and

Minnie Mouse becomes a princess). See Dream-Along with Mickey: Entertainment at Magic

Kingdom Park, WALT DISNEY WORLD, http://disneyworld.disney.go.com/parks/magic-

kingdom/entertainment/dream-along-with-mickey/ (last visited Sept. 18, 2011).

201. Press Release, The Walt Disney Co., During ‘Year of a Million Dreams’ Celebration

Disney Cast Members to Award a Million Magical Dreams (June 7, 2006), available at

http://corporate.disney.go.com/news/corporate/2006/2006_0607_disneywheredreams.html

[hereinafter Press Release].

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dream roles and reinforces the belief that they can adopt those roles in their

everyday lives.

Another element of Disney’s helping guests to play a fulfilling role at

WDW is Disney’s and the CMs’ providing guests with the opportunity to

experiment with role reversal: Children perform the activities of adults,

while adults can revert to being children. For instance, children can perform

the “grown-up” tasks of driving a car (at the Tomorrowland Speedway

202

piloting a space mission (at Mission: SPACE

203

), or choosing their own

meals (since all of the restaurants have special children’s menus or

children’s buffet lines). If their parents connect a credit card to their room

keys, children can even charge purchases throughout the Resort.

204

On the

other hand, adults are permitted to be children, free from the social

constraints imposed by their conventional roles. Several tables at the

Character meals I attended were occupied by adults with no children, and

their cries of, “Gooooooooofy!!!” as the Character drew near their table

were every bit as enthusiastic as those of the four-year-olds seated nearby.

Adults are encouraged to frolic and play, to ride rides, and to cuddle with the

Characters.

205

Disney’s technique of encouraging guests to interact with the

Characters as friends

206

makes the guests’ role more fulfilling than if the

CMs were instructed to treat guests like strangers, and thereby contributes to

their happiness. Perhaps the consummate example of role reversal was the

interaction between a CM and three adult guests at a Magic Kingdom

restaurant and ice cream parlor: When the CM handed one of the guests a

dinner menu, the guest smiled and said, “Nope! We’re having ice cream for

dinner!”

207

Cast Members encourage guests to find pleasure in their roles by

reminding them that visitors are invited to play the role of guests whose

happiness is the CMs’ paramount consideration. One guest explained that

she went to Guest Relations to report a problem during her visit to WDW

because “that’s what they [the Guest Relations CMs] are there for; I was not

202. See Attractions, supra note 1.

203. See Attractions, supra note 1.

204. “I’ll pay for dinner,” one seven-year-old girl told her parents as she handed her room key

to the waitress.

205. Some adult guests are so excited about meeting and interacting with the Characters that it

becomes dangerous for the CMs. According to one CM, Disney does not offer “meet-and-greets”

with the CM playing Captain Jack Sparrow because the women were overly enthusiastic and the CM

feared getting injured. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan.

16, 2007). See infra Appendix A.

206. See supra text accompanying notes 146-47 (discussing this as a technique for building

affiliation).

207. Interview with a Magic Kingdom guest, at Walt Disney World (Oct. 24, 2006).

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happy, and it’s their job to make me happy.”

208

Upon arriving at Guest

Relations, the guest told the CM that she was there to complain, and

suggested that the CM might want to delegate the chore of speaking to her to

a supervisor. In response, the CM replied, “No, that’s what I’m here for!”

209

And in overcoming my own hesitance to interview CMs, I reminded myself

that one of the activities in CMs’ conventional role as Disney employees is

to talk to the guests; as expected, every CM was gracious in speaking to me,

and my perception of my role as guest was reinforced. While a guest might

hesitate to stop a stranger on the street to ask for directions in everyday life,

at WDW, it is not only permitted for one playing the role of a guest to do so,

it is actually expected. Perceiving that the CMs are there for the guests’

service makes the role of guest more fulfilling by reducing guests’

responsibilities while at WDW.

210

Disney presents WDW as the HPOE

because it casts guests in a role within which the main activity is seeking

happiness and because it provides CMs to reinforce that role.

211

In sum, Disney places visitors to WDW firmly in the role of valued

guests who are free from responsibility and are encouraged to enjoy

themselves to the fullest. Guests are invited to be part of Disney’s cast by

dressing as characters. Adults and children are offered the opportunity to

experience role reversals. Cast Members reinforce guests’ role by reminding

guests during their interactions that CMs are there to be helpful and to

enhance guests’ visits to the Resort. Disney helps guests to adopt a fulfilling

role by offering them an experience wholly contrary to what they experience

in everyday life.

5. Appreciation

As one eight-year veteran CM commented, the key to interacting with

guests “is listening, because if you don’t know what the problem is, you

208. Interview with a Hollywood Studios guest, at Walt Disney World (Jan. 15, 2007).

209. Interview with a Hollywood Studios Guest Relations Cast Member, at Walt Disney World

(Jan. 15, 2007).

210. From the CMs’ perspective, however, this perception can stimulate negative emotions

because of the negative implications for the CMs’ concern for status. See infra text accompanying

notes 343-44.

211. Another indication of this is the various “volleyball” games in which CMs were seen

engaging with young children throughout the Parks. Two CMs on Main Street were surrounded by

seven children and volleyed a beach ball back and forth with them as though that were their entire

job function. In a way, this was one of the main activities associated with the CMs’ role: A group of

young guests wanted to play, and the CMs were there to facilitate that play.

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can’t help to fix it.”

212

This CM’s remark exemplifies Disney’s approach to

appreciating its guests: It listens to their concerns.

213

Listening to guests is

the first step toward appreciating guests by (1) understanding their point of

view, (2) finding merit in what they think, and (3) communicating

understanding through words or actions.

214

Disney utilizes an infrastructure of formal and informal means of

soliciting guests’ opinions to understand their concerns. Surveys are a

prominent feature of Disney’s technique for soliciting guest feedback.

Guests who call Disney’s restaurant reservation number are sometimes

asked to participate in a survey following the call, in which they can rate the

CM reservationist’s helpfulness and courtesy. Additionally, Disney posts

some CMs near the entrances of the Parks, whose task is to ask incoming

guests about their reasons for coming to WDW and their ideas for Disney

improvements. Surveys are an important tool for Disney because they

enable the Company to “listen” to guests in a systematic and comprehensive

way. When guests have either a complaint or an accolade to communicate,

CMs hand out contact information for Guest Communications,

215

to which

guests can write or email their comments, complaints, and suggestions,

Along with these more formal mechanisms, Disney gains understanding

of its guests through the CMs. Whenever a guest requests something from a

CM (e.g., a Park map at a particular location in the Park), the CM makes

note of that request and reports it to his supervisor. If enough guests make

the same request, Disney makes the appropriate responsive changes.

216

Disney’s willingness to make changes based on guest feedback sets it apart

from other companies, according to CMs. One CM reported that he left

Universal Studios to come to WDW because of the difference he perceived

in the companies’ attitudes: At Universal Studios, the concern was doing

things the company’s way, whether or not it was the “right” way. In

contrast, Disney’s concern is meeting the guests’ needs, even if it requires a

change of policy.

217

An example of Disney’s demonstration of its

212. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

213. While CMs do well at listening, they sometimes falter at understanding the guests’

emotional needs because they focus strongly upon problem-solving. See infra Part V.A.3.

214. FISHER & SHAPIRO, supra note 22, at 51.

215. See infra Appendix A. Two points about these cards are particularly interesting. First,

they do not provide a telephone number for Guest Communications. Second, one CM confided that

this is the only contact information that CMs are able to provide to guests. Interview with a

concierge Cast Member, at Walt Disney World (Jan. 14. 2007). The difficulty of contacting Disney

in any way other than writing an email or letter to Guest Communications calls into question the

effectiveness of Disney’s efforts to appreciate guest concerns. See infra Part V.A.2.

216. CONNELLAN, supra note 64, at 79.

217. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

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understanding of guest concerns can be found in Disney’s Pirate and

Princess Party:

218

So many guests reported being disappointed at not being

able to meet and take pictures with Captain Jack Sparrow at the Magic

Kingdom that Disney decided to have him host the party and do meet-and-

greets with guests.

219

Disney is also brainstorming options for a Character

greeting with Captain Jack Sparrow that will keep the CM safe, but will still

allow guests to interact with him.

220

Disney expresses appreciation of its

guests by soliciting their feedback, recognizing the value in the guests’

suggestions, and expressing understanding of their concerns by making

changes at the Resort.

221

Even more directly than the Company, CMs have the opportunity to

meet guests’ concern for appreciation. When asked for advice on how to

deal with difficult guests, one long-time CM said, “It’s easy. You talk to

them, not at them.”

222

As this CM recognized, understanding guests’ points

of view usually involves giving them the chance to explain how they see the

situation, not simply delivering to them a pre-packaged answer based upon a

CM’s own assumptions.

223

Like him, most CMs recognize that guests want

to be heard and are willing to listen, but not to the point of being exploited.

One Guest Relations CM said that in the course of his work, he hears every

type of question and complaint.

224

His strategy for negotiating with

disgruntled guests is to listen to what they have to say, to assess the situation

to determine whether they are lying or whether their story is legitimate, and

218. See supra note 199.

219. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007)

[hereinafter Interview note 219]; see also supra note 199. The reason behind Disney’s not allowing

regular meet-and-greets with Captain Jack Sparrow is the physical danger in which overly

enthusiastic female guests placed the CM playing him. See supra note 205.

220. See Interview note 219.

221. The implementation of the FastPass system is another salient example: Disney understood

guests’ complaints about not being able to visit many attractions because of the long lines, it

recognized that was a valid concern, and it expressed understanding by creating FastPasses so guests

can minimize the time waiting in line for the most popular attractions.

222. Interview with an Epcot Cast Member, at Walt Disney World (Jan. 14, 2007).

223. See FISHER & SHAPIRO, supra note 22, at 28.

224. Some examples he gave were guests who demanded a full refund of their ticket (currently

$85 for an adult’s basic, one-day, one-Park ticket) because their “favorite” ride was closed for

refurbishment, which he deemed less meritorious than those who wanted a refund because there

were no rides or attractions at WDW (after learning that they had never wandered beyond Main

Street and thought the Magic Kingdom contained only shops and restaurants). Interview with a

Guest Relations Cast Member, at Walt Disney World (Jan. 16, 2007) [hereinafter Interview note

224]; see also THE WALT DISNEY COMPANY, FACT BOOK 2011, at 8 (Mar. 31, 2012), available at

http://cdn.media.ir.thewaltdisneycompany.com/2011/annual/2011-fact-book.pdf.

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then to do what is possible to improve the situation if the complaint has

merit.

225

In other words, the CM’s strategy is to meet the guests’ concern for

appreciation by understanding, finding merit, and communicating

understanding through action.

Cast Members appreciate guests in more subtle ways as well. After my

lunch with an Imagineer was cancelled,

226

my parents and I went to Guest

Relations to complain. When we told our woeful tale to the CM, she began

by apologizing and sympathizing with how disappointed we must be that our

plans were ruined, and she responded by calling over to speak with the

restaurant manager involved to see if she could rectify the situation. While

this CM was powerless to repair our lunch plans, she mollified us by

listening to our problem, recognizing that this experience upset us, and

trying to fix it. She then spent no less than half an hour with us, helping us

to weigh our dinner options given that our lunch plan was foiled. We felt

appreciated because she demonstrated that she understood that the real

reason we were speaking with her, rather than to tattle on the restaurant

manager, was to resurrect some measure of the excitement with which we

had been approaching the lunch.

Even more impressively, another CM listened to us explain how

unhappy we were, and began chatting with us while the first CM was calling

the restaurant. Finding her a sympathetic ear, my mother started explaining

how my parents escape periodically to WDW because it is a happy place,

and how trying on the Stitch headpiece the day before had made her smile.

“And now,” my mother lamented, “we’ve lost our smile.” After hearing

this, the CM excused herself and disappeared into the back room. When she

returned, it was to hand to my mother an “autographed” picture of Lilo

227

and Stitch. In that instant, my mother’s smile returned. This CM had

listened to our story and heard the meta-message

228

buried within it: Having

plans to dine with an Imagineer made us feel special, and when the plans fell

through, we perceived a drastic drop in status. Presenting us with a special

picture made us feel that the CM had appreciated our feeling of diminished

status, and was communicating that understanding by helping us to feel

special in another way.

Individual CMs’ ability to appreciate guests helps to make WDW the

HPOE, despite the fact that things go wrong at WDW, just as they do

everywhere else. Without exception, every CM I talked to expressed the

225. See Interview note 224.

226. See infra text accompanying notes 300-08.

227. See Characters, supra note 1.

228. See FISHER & SHAPIRO, supra note 22, at 29 (stating that sometimes one message is buried

inside another); see also infra Appendix B.

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view that there are “difficult” or “challenging” questions, but not really

“difficult guests.” This perception is a testament to the CMs’ ability to

express appreciation of guests and to stimulate positive emotions, even when

the initially problematic situation cannot be remedied. Encouraging CMs to

interact with guests and to listen to their concerns is a crucial part of

Disney’s negotiating strategy, without which WDW could surely not be the

HPOE.

To summarize, Disney appreciates its guests both formally and

informally. At the macro level, Disney appreciates guests by inviting and

acting upon their feedback. At the micro level, Disney gains understanding

of individual guests’ concerns through the CMs and communicates that

understanding through the CMs’ words and actions. Disney negotiates to

make WDW the HPOE by demonstrating genuine interest in guests’ points

of view and by refining WDW to incorporate them.

B. Negotiations with Cast Members

Like its negotiations with guests, Disney’s negotiations with CMs are

bi-level: First, CMs negotiate with the Company as an entity, as their

employer; the terms of employment and working conditions are aspects of

the Company’s negotiations with the CMs. Second, CMs negotiate with

Disney through its agents, their co-worker CMs. The extent to which

Disney meets CMs’ Core Concerns through these negotiations determines,

in large part, the CMs’ levels of happiness and job satisfaction. Considering

WDW has an estimated workforce of nearly 60,000 CMs,

229

Disney’s ability

to fulfill CMs’ Core Concerns is a significant factor in whether WDW can

be considered the HPOE.

1. Affiliation

Disney’s primary technique for building affiliation with CMs is by

recruiting them through the Disney College Program (the College

Program),

230

which recruits more than 3,000 students from the United States

and other countries per year.

231

One CM estimated that more than half of

229. See Overview, DISNEY CAREERS, http://wdw.disneycareers.com/en/about-walt-disney-

world-resort/overview/ (last visited July 11, 2012).

230. See Disney College Program, DISNEY CAREERS, http://cp.disneycareers.com/en/default/

(last visited Sept. 16, 2011); see also infra Appendix A.

231. WASKO, supra note 46, at 92.

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CMs join Disney after having participated in the College Program.

232

Cast

Members laud the College Program as an opportunity to get to know Disney

and to develop career networks for future job opportunities.

233

Moreover,

the College Program is a method by which CMs create structural and

personal connections with the Company and thereby build affiliation with

Disney. Given this opportunity to “try out” working for Disney, CMs return

for permanent positions because they feel a part of, and connected with, the

Company.

Traditions training is another means by which Disney builds affiliation

with the CMs. By communicating Disney’s traditions and values to CMs,

Disney invites CMs to become part of the Disney culture. In effect,

mandating CMs’ participation in Traditions enables Disney to create a

structural connection with CMs in that they share a common business

culture.

234

Disney reinforces this common culture by requiring CMs to wear

uniforms and to adhere to certain standards of physical appearance.

235

Not

only does a shared code of appearance create a sense of affiliation between

CMs and the Company, but there is also some evidence to suggest that the

wearing of uniforms, in itself, leads to an increase in display of positive

emotions.

236

Disney’s development of a pervasive business culture is

important in its negotiations with CMs because it establishes strong

structural connections between the Company and the CMs.

Disney also meets CMs’ needs for affiliation by encouraging personal

connections between the CMs. At a threshold level, Disney is a “first-name

organization.”

237

Even Michael Eisner was addressed by his first name

when he was Disney’s CEO.

238

Use of first names is a means of building

connections between CMs as colleagues.

239

The lack of formality between

CMs encourages them to connect at a more personal level than if their

interactions were formal.

232. Interview with a concierge Cast Member, at Walt Disney World (Jan. 13, 2007).

233. One CM artist attributed his present position to having participated in the College Program

and having met various Disney artists and animators, who then offered him a permanent position.

Interview with a Hollywood Studios Cast Member, at Walt Disney World (Jan. 15, 2007).

234. See infra Appendix B.

235. See The Disney Look, DISNEY CAREERS, http://cp.disneycareers.com/en/about-disney-

college-program/disney-look/ (last visited Sept. 16, 2011). Mandating strict personal appearance

standards has negative implications for CMs’ autonomy. See infra Part IV.B; see also infra

Appendix C.

236. See Anat Rafaeli, When Clerks Meet Customers: A Test of Variables Related to Emotional

Expressions on the Job, 74 J. APPLIED PSYCHOL. 385, 391 (1989).

237. The Disney Look, supra note 235.

238. THE PROJECT ON DISNEY, supra note 29, at 125.

239. FISHER & SHAPIRO, supra note 22, at 57.

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In addition, CMs spend a great deal of time working together, which

helps them to reduce their personal distance. According to a CM of three

months, the CMs come to know the other CMs assigned to the same work

group very well and associate as friends in their off-hours.

240

To encourage

CMs to build affiliation amongst each other, Disney sponsors various

intramural sports, clubs, workshops, and parties in which CMs can meet.

241

Helping CMs find personal connections with their co-workers is a means of

meeting CMs’ concern for affiliation.

Drawing these observations together, Cast Members develop a

relationship with Disney through the Company’s recruiting programs, most

importantly the College Program. Disney strengthens CMs’ sense of

affiliation with the Company by creating a collective business culture,

imparted through Traditions and maintained through requirements for

personal conduct and appearance. Though CMs share the structural

connection of working for Disney, they also develop personal connections

through Disney’s culture of familiarity and encouragement of off-hours

interactions.

2. Autonomy

Disney meets CMs’ need for autonomy first by providing a wide variety

of job opportunities. Cast Members can choose their preferred area of

employment within the Resort.

242

In addition, Disney offers various

employment statuses, which include the options of “Casual Regular”

(ongoing, but part-time) and “Casual Seasonal/CTS” (seasonal, but full-

time) work, in addition to “Permanent Full Time” work.

243

These

employment options can be a boon for retirees and other CMs who choose

not to work full-time.

244

Disney also provides CMs with flexibility in taking

vacation and sabbatical time to deal with their personal lives. One CM

appreciated Disney’s willingness to allow him to take an unscheduled

240. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

One caveat is that associating with the immediate work group tends to lead to CM cliquishness. See

infra text accompanying notes 322-26.

241. The success of this initiative is debatable. See infra text accompanying notes 321-31.

242. For example, food service or hotel/hospitality. Interview with a concierge Cast Member,

at Walt Disney World (Jan. 13, 2007).

243. THE PROJECT ON DISNEY, supra note 29, at 117-18. As Kuenz notes, less than full-time

employment status can be a double edged sword, since job security and benefits may be lacking. See

id. See also infra text accompanying notes 316-18.

244. Interview with a hotel Cast Member, at Walt Disney World (Jan. 16, 2007).

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sabbatical when his mother became ill and to return to his position when she

recovered.

245

Another important means by which Disney satisfies CMs’ concern for

autonomy is giving them the power to do something special to make guests

happy. One CM who had previously worked for an airline found this to be a

crucial distinction between the two work environments: At the airline, when

stranded passengers were unhappy, he was powerless to help them; at

WDW, he has the autonomy to solve their problems.

246

I experienced two

notable instances of CMs exercising their autonomy to increase guests’

happiness. The first came at the Animal Kingdom, where my parents and I

tried to obtain a FastPass for the popular safari ride. Finding that they were

out of FastPasses for the day—which had been our experience on our last

trip—my mother asked a nearby CM whether it is ever possible to get a

FastPass for the safari and explained our previous failures. By means of an

answer, the CM brought us to the head of the ninety-minute-long line and

asked the CM to seat us on the next available car. The second instance of a

CM exercising her autonomy occurred when I asked a Guest Relations CM

to check whether there were any available seatings for a Character breakfast

at the Contemporary, explaining that I was checking each day to see if a

reservation opened up. Finding that there were none, but believing that there

ought to be room to squeeze in a single diner, she overrode the reservation

system and told the restaurant manager to expect me. In both of these cases,

the CMs exercised their power to grant a guest’s request, even though

strictly following the rules would have denied it. Disney’s granting CMs the

authority to bend the rules on guests’ behalf is a significant factor in the

Company’s meeting CMs’ concern for autonomy.

In short, Disney expands CMs’ autonomy in areas such as job choice

and vacation time, as well as by granting them the authority to solve guests’

problems creatively. However, Disney seems to be fairly weak in fulfilling

the CMs’ autonomy concern. As discussed below, a lack of autonomy is one

of the most significant CM complaints and is an area in which Disney could

improve its negotiations with CMs.

245. Interview with an Epcot Cast Member, at Walt Disney World (Jan. 15, 2007). The CM

noted, however, that Disney’s flexibility is something “you have to ask for.” Id. He indicated that

Disney was willing to make the accommodation for him provided that his choice to take

unscheduled time off was not widely advertised. Id.

246. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

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3. Status

The social status of CMs at WDW is noticeably lower than that of

guests,

247

but Disney does make some efforts to equalize CMs’ status. For

instance, Disney’s first-name policy is a means of minimizing distinctions

between upper management and lower-ranking CMs by eliminating the

possibility of formality when junior CMs address their supervisors. Also,

Disney’s outstanding benefits package is available to any full-time CM who

has been at WDW for three months,

248

while all CMs enjoy the perks of free

Park admission and numerous discounts.

249

Moreover, Disney strives to make positions of elevated status equally

achievable for all CMs. The first level of supervisory CMs are “leads,”

hourly-wage CMs chosen by their peers for advancement.

250

Filling the

spots of leads through peer-initiated promotions addresses CMs’ concern for

status because it grants them the authority to alter the social status structure

among CMs as they see fit. Also, throughout the Resort, Disney promotes

from within.

251

The policy of promoting CMs, rather than hiring outsiders

into positions of higher authority, serves CMs’ concern for status because it

makes the opportunity to rise to a higher social status more real.

Disney also employs means for recognizing CMs’ particular status. One

such indication is the special name tag awarded to CMs with foreign

language skills.

252

The name tag displays language flags representing the

country whose language the CM speaks. Not only is this helpful for guests

who speak languages other than English, but it also acknowledges the CM’s

high particular status in speaking that language. Other special awards and

recognitions that Disney uses to recognize CMs’ good work, discussed in

more detail below, also serve as Disney’s acknowledgment of the CMs’

247. See supra text accompanying notes 168-71 (discussing the indications of guests’ higher

social status).

248. THE PROJECT ON DISNEY, supra note 29, at 118. Obtaining full-time status is, however,

often a frustrating challenge. Id. Disney’s benefits package is excellent and perceived as a

significant perk of the job. Interview with a hotel Cast Member, at Walt Disney World (Jan. 16,

2007).

249. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 13, 2007).

250. THE PROJECT ON DISNEY, supra note 29, at 119.

251. Id. However, according to the CMs Kuenz interviewed, the primary means of promotion

from within is through favoritism. Id. at 122. If positions of higher status are not practically or

fairly attainable, then Disney’s attempts to meet CMs’ concern for status are significantly

compromised.

252. The Disney Look, supra note 235.

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particular status in the area for which they are awarded. The use of status

symbols such as these awards is useful for Disney because it gives CMs

something to strive for, but it is also a viable means of stimulating CMs’

positive emotions by satisfying their concern for status.

To summarize, satisfying CMs’ concern for status is a difficult task for

Disney because CMs are of noticeably lower social status than are guests at

WDW. Disney attempts to minimize social status differentials within the

Company by implementing a first-name policy and by making advancements

in status equally achievable for all CMs. It also recognizes CMs’ areas of

particular status through special honors and awards. Whether Disney

successfully stimulates CMs’ positive emotions by meeting their need for

status is questionable.

4. Role

Cast Members’ role at WDW is not nearly as carefree as is that of

guests, but Disney takes some steps to ensure that it is similarly fulfilling.

As Fisher and Shapiro describe it, a fulfilling role (1) has a clear purpose

that provides an overarching framework to one’s behavior; (2) is personally

meaningful, in that it incorporates one’s skills, interests, values, and beliefs

to the task at hand; and (3) is not merely a pretense.

253

From the Parks’ and

Resorts’ inception at Disneyland, the role of CMs has been guided by Walt

Disney’s vision that CMs would bring guests into a fantasy world, and that

they would be a large part of the show.

254

The conventional role of CM can

be fulfilling if CMs find meaning in the activities involved in creating magic

for the guests.

Disney’s success in helping CMs to find this meaning begins with

Traditions. Making the creation of magic fulfilling involves convincing

CMs that such magic actually exists, and educating CMs about Disney’s

values, culture, and purpose helps CMs to view WDW as a magical place,

rather than just an amusement park. In this sense, Disney is highly

successful in helping CMs to find their role at WDW to be a meaningful one.

According to Kuenz, “For many workers . . . the park’s magic is quite

magical. . . . With few exceptions, all the workers I talked to were

convinced that they did indeed produce something they were content to call

magic . . . .”

255

The CMs I interviewed similarly believed in the magic of

WDW; one in particular spoke of the magic he felt while inside the Parks as

253. FISHER & SHAPIRO, supra note 22, at 117-18.

254. The Disney Look, supra note 235.

255. THE PROJECT ON DISNEY, supra note 29, at 112-13.

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almost palpable.

256

Because they feel the magic themselves, CMs seem to

find meaning in the role of helping guests to feel it as well.

Disney encourages CMs to take their role seriously by presenting the

creation of magic as a serious and worthy task. As James “Jay” Rasulo,

Disney’s current Senior Executive Vice President and Chief Financial

Officer, and former Chairman, Walt Disney Parks and Resorts

Worldwide,

257

explains, “Disney parks are always the place where dreams

come true,” and he credits CMs with making guests’ dreams come true.

258

Disney emphasizes that every element of CM appearance and behavior can

impact significantly the quality of the “Disney show” and guests’ enjoyment

of it.

259

In short, Disney encourages CMs to find meaning in their role

because it portrays that role as something intrinsic to the integrity both of the

WDW experience and of Disney itself. From what the CMs indicate,

Disney’s efforts are successful: The CMs I talked with unilaterally enjoy

being part of Disney and their role as CMs.

260

And as Kuenz notes

The extent to which Disney workers seem actually to become their roles and thus embody

magic and happiness—and this includes everyone, not just those in head costumes—is

one of the most remarked and generally praised aspects of the park and is said to be the

thing that distinguishes Walt Disney World from . . . Universal Studios: “Why is Disney

a happier place? Because it’s Disney.”

261

Disney’s commitment to helping CMs find meaning in their role is

undoubtedly a large part of the reason why Disney’s turnover rate is less

than 30%, while the norm for most theme parks is 100%.

262

Disney helps CMs to find fulfillment in their role also because it allows

them to choose positions within WDW that involve meaningful activities

and the temporary roles they most prefer. For instance, CMs who like to

play the roles of listener and problem solver might gravitate toward Guest

Relations, while those who prefer to be performers or jokers might choose to

be in Entertainment.

263

Disney serves CMs’ desire to shape meaningful

256. Interview with a Hollywood Studios Cast Member, at Walt Disney World (Jan. 15, 2007).

257. Annual Report, supra note 7, at 23.

258. Press Release, supra note 201 (internal quotations omitted).

259. The Disney Look, supra note 235.

260. This implies that these CMs have struck a satisfactory balance between recognizing their

work and non-work selves and can acknowledge that both are meaningful and real. See

HOCHSCHILD, supra note 112, at 133.

261. THE PROJECT ON DISNEY, supra note 29, at 137-38.

262. CAPODAGLI & JACKSON, supra note 32, at 20.

263. See infra Appendix A.

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roles for themselves by offering a breadth of opportunities for CMs to utilize

their strengths in the way that best satisfies them.

Drawing these points together, the importance of role is paramount at

WDW, a place where the employees are Cast Members and being in public

view is being On Stage.

264

Disney helps to ensure that though CMs work

hard for the pleasure of others, the CMs find their work meaningful. The

notion that the role of CM at WDW is a crucial one is ingrained in Disney’s

business culture, and Disney presents the role of CM as one in which the

CMs can take great pride. Walt Disney World also offers individual CMs

the possibility of choosing the area of employment that they find most

personally meaningful and that most calls into play their preferred temporary

roles. Disney stimulates positive emotions in its negotiations with CMs by

offering them the most important role possible: creators of the HPOE.

5. Appreciation

Disney approaches its negotiations with CMs as opportunities to

“reward, recognize, and celebrate”

265

—and thereby to express appreciation

266

—their hard work. For instance, when a guest’s letter praises a CM,

that letter is forwarded to the CM’s supervisor, who shares the letter with the

CM and posts it on a bulletin for all CMs to see.

267

Additionally, when a

CM does something especially notable, a supervisor might hand the CM a

Guest Service Fanatic card, which earns the CM the title of Guest Service

Fanatic for his good deed.

268

These cards qualify the CMs for a monthly

drawing with a large ceremony and prizes.

269

Also, CMs may receive

special pins to reflect recently-won service awards.

270

The purpose of these

methods of recognition is to make CMs feel appreciated for their

contribution to WDW.

271

Giving a CM an award is a way for Disney to

acknowledge and communicate understanding of the merits of the CM’s

264. See supra note 192 and accompanying text.

265. CONNELLAN, supra note 64, at 109.

266. See FISHER & SHAPIRO, supra note 22, at 30-31 (suggesting ways in which negotiators can

find merit in what others think, feel, or do).

267. CONNELLAN, supra note 64, at 83, 86. The downside to this policy is that negative

feedback is also posted. Id. at 91.

268. Bruce I. Jones, People Management Lessons from Disney, DISNEY INSTITUTE, 2-3,

available at http://www.trainingindustry.com/media/3532077/disneypeoplemanagementlessons.pdf

(last visited June 10, 2012).

269. CONNELLAN, supra note 64, at 87.

270. See id. at 83; see also The Disney Look, supra note 235.

271. FISHER & SHAPIRO, supra note 22, at 30-31.

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effort.

272

One CM wearing a pin indicating he had won an award was

noticeably pleased with the acknowledgement: Though he said, “I just do

what I do, and recognition follows,”

273

the “music” of his words

274

made it

clear that the recognition made him feel appreciated.

275

Even if an award is

not an end in itself for him, this CM was happy that Disney found merit in

the work he does.

276

Another means by which Disney attempts to appreciate the CMs is by

encouraging CM feedback through the use of comments posted on area

bulletin boards.

277

When a CM has a complaint, he can post it on this

bulletin board, where it will be collected and addressed at a larger staff

meeting.

278

The same sort of situation exists for CMs’ ideas on how to

improve the Parks or the work environment within them.

279

The extent to

which this system meets CMs’ need for appreciation is questionable,

280

but it

does demonstrate an effort on Disney’s part to appreciate CMs’ points of

view.

In sum, Disney demonstrates appreciation of CMs in large part through

special rewards and recognition of their work. Disney also seeks to

understand CMs’ points of view by soliciting their comments on public

bulletin boards. These techniques are positive, but insufficient, means of

demonstrating appreciation of CMs. This is an area in which Disney has

room for improvement.

272. See Jones, supra note 268, at 2.

273. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007)

[hereinafter Interview note 273].

274. See FISHER & SHAPIRO, supra note 22, at 28.

275. See Interview note 273.

276. Id.

277. THE PROJECT ON DISNEY, supra note 29, at 125-26.

278. Id.

279. Id. at 126.

280. See id. at 122-23. A CM interviewed by Kuenz explained that in practice, complaints are

not welcome from CMs who hope for advancement: “You’ve got to keep your mouth shut. You

can’t tell them your opinion. You have to do everything they say . . . . Never say anything negative.

Everything’s positive.” Id. Appreciating the CMs is an area in which Disney could improve its

negotiations.

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IV. HOW DISNEY IS UNSUCCESSFUL IN MEETING THE CORE CONCERNS IN

NEGOTIATIONS

A. Negotiations with Guests

As successful as Disney is in meeting guests’ Core Concerns in its

negotiations with them, Disney is not infallible, and certain of Disney’s

failures undermine its attempt to earn WDW the title of HPOE. This Part

examines Disney’s negotiation shortcomings, focusing on how Disney as a

company fails to address guests’ Core Concerns as effectively as it could.

The analysis culminates with a discussion of Disney’s shortcomings in

appreciation, as illustrated by a case study of a particular negotiation with

CMs. This example demonstrates the interplay between the Core Concerns,

as it incorporates and exemplifies the ways in which Disney does not meet

guests’ Core Concerns as well as it could. This particular CM negotiation

calls into question whether Walt Disney World fully deserves the title of the

Happiest Place on Earth.

1. Affiliation

Disney’s constant self-reinvention, one of the factors that increases

guests’ affiliation with the brand by appealing to every generation, also

works against Disney in its negotiations with guests by causing some to feel

disaffiliated. One family of guests expressed their disappointment with the

fact that Disney has eliminated some of their favorite rides to make room for

new ones, like replacing The ExtraTERRORestrial Alien Encounter with

Stitch’s Great Escape! and Mr. Toad’s Wild Ride with The Many

Adventures of Winnie the Pooh.

281

In combination with Disney’s self-

reinvention is what one group of guests deemed its “selling out” through

product placement,

282

such as Epcot’s Test Track ride, a simulated test

dummy experience based on safety and quality tests performed on

prototypes, which until recently prominently featured General Motors;

283

281. Interview with Magic Kingdom guests, at Walt Disney World (Jan. 13, 2007). See

Attractions, supra note 1. The ExtraTERRORestrial Alien Encounter was a science fiction attraction

at the Magic Kingdom. Mr. Toad’s Wild Ride was a ride at WDW and Disneyland based on the

Wind in the Willows segment of the animated film The Adventures of Ichabod and Mr. Toad; the ride

still exists at Disneyland. See Mr. Toad’s Wild Ride, DISNEYLAND RESORT,

http://disneyland.disney.go.com/disneyland/mr-toads-wild-ride/ (last visited July 13, 2012).

282. Interview with Magic Kingdom guests, at Walt Disney World (Jan. 13, 2007).

283. See Test Track: Attraction at Epcot, WALT DISNEY WORLD,

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Club Cool, which offers tastes of different international Coca-Cola soft

drinks and sells Coca-Cola merchandise, with the brand clearly identified

throughout the store.

284

The strength of guests’ affiliation with the Company

is undermined by Disney’s pervasive references to other brands.

Disney also demonstrates shortcomings in its negotiations with guests

through its CMs, and these inhibit Disney’s stimulation of positive emotions.

Specifically, Disney’s CMs are humans, and as such, they are prone to

having bad days and lapses in friendliness. Luckily for Disney, these CMs

are not so much actively negative as they are nearly invisible. As one CM

commented, “Some Cast Members are just like, ‘Get on the ride.’”

285

These

CMs are notable because they are the antithesis of Disney’s typical

“aggressively friendly” negotiators. The contrast between the nonresponsive

CMs and the majority of friendly CMs results in negative emotions and a

feeling of disaffiliation. Disney is aware of this effect; as it teaches its

College Program recruits, “Your attitude and performance are direct

reflections on the quality of our Disney show. It’s those things that you

don’t always think of that detract from our guests’ enjoyment . . . [like]

frowning.”

286

As guests excitedly approach the front of the lines, hearing a

non-plussed “How many?” from a non-smiling CM quashes their high

spirits, and prevents the guests from wanting to build a personal connection

with the CM. Such an interaction leaves guests with a “bad taste” that

lingers until it is replaced courtesy of a cheerful CM.

To summarize, three disaffiliating phenomena threaten the relationship

between Disney and guests. The first is Disney’s constant reinvention of its

image and attractions at the expense of some familiar favorites. The second

is the prominent marketing in WDW of other brands, which guests find

intrusive and disruptive of their affiliation with the Disney brand. The third

is interactions with unfriendly or nonresponsive CMs, whose behavior

stimulates negative emotions because it presents such a stark contrast to the

rest of the Disney cast. Becoming the HPOE depends greatly upon Disney’s

ability to meet guests’ need for affiliation, so it is important for Disney to

consider whether these instances actively stimulate strong negative

http://disneyworld.disney.go.com/parks/epcot/attractions/test-track/ (last visited July 13, 2012). Test

Track is currently being redesigned and rebranded with Chevrolet as the sponsor, and is scheduled to

reopen in fall 2012. See id.

284. See Epcot: Shopping, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/parks/epcot/shopping/ (last visited July 13, 2012).

285. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

286. The Disney Look, supra note 235.

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emotions, or merely fail to stimulate positive ones. In either case, Disney

has room for improvement.

2. Autonomy

Autonomy is a favorite topic among WDW scholars. Disney critics

remark upon the “erasure of spontaneity” at WDW by the “totality of the

built and themed environment” in which “every need [is] predefined and

presented to [guests] as a packaged routine and set of choices.”

287

They

decry the Parks’ layout as eliminating choice by forcing guests to go down

specific paths to specific spots chosen by Disney,

288

and criticize the entire

WDW environment as one that acts upon guests, rather than allowing them

to act.

289

In truth, a by-product of Disney’s control over the WDW

environment is the fact that much of the experience of visiting WDW is pre-

programmed for guests. There is little free, undeveloped space for

children’s unstructured play, and the rides and shows are choreographed so

that each guest gets the same experience.

290

In this environment, guests have

little autonomy to determine the course of their own amusement.

Additionally, having to wait in line for every morsel of entertainment is

another impingement upon guests’ autonomy. In fact, guests are beholden to

Disney for the entirety of their experience, from the time guests’

entertainment will begin and end (the Parks’ operating hours) to when guests

may eat (when Disney grants them restaurant reservations).

291

Guests are

not free to ride any attraction they choose; they must first meet Disney’s

height and fitness requirements. Even after guests submit to the

impingement of autonomy represented by the attractions’ lines, they may not

then freely enter a ride. Instead, they must wait for a CM to grant

permission for them to board, and must sit where and in what number

groupings the CM indicates.

While much of the WDW experience seems like a dire impingement

upon guests’ autonomy, it is perhaps not as grievous as it sounds at first

blush. This is because the impingements upon autonomy that Disney

287. THE PROJECT ON DISNEY, supra note 29, at 184.

288. For example, guests can only reach the rides at the Magic Kingdom by walking down

Main Street, which is predominantly a row of stores filled with Disney merchandise. See WASKO,

supra note 46, at 166.

289. Id. at 167.

290. See id. at 166.

291. My parents, for example, loathe restaurant reservations because they impose a time

schedule upon the WDW experience and limit how they may spend their time at the Resort. They

submit to them only because it is very difficult to walk in and obtain seating at many of the WDW

restaurants without one.

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imposes upon guests are common and expected in the context of an

amusement park. Guests who choose to visit WDW do so with the

knowledge that certain facets of the popular vacation spot, such as lines and

reservations, are necessary evils. In effect, guests choose to visit WDW

because on balance, the pleasures outweigh the sacrifices of autonomy

necessary to experience them. Most guests would probably agree that if

Disney were able to eliminate such restrictive annoyances, WDW would be

almost completely idyllic, but even the presence of such unpleasantness does

not prevent WDW from being the HPOE.

Summarizing these observations, Walt Disney World is not designed

with the purpose of expanding guests’ autonomy: The environment and its

entertainment are controlled and scripted, with little room for improvisation.

Disney negotiates with guests from a position of authority, in that it dictates

how and when they may access that entertainment. However, most guests

knowingly and willingly sacrifice their autonomy to Disney as part of the

price of visiting such a popular place that provides its patrons with a

consistent, dependable experience. Though certainly there is room for

improvement in terms of autonomy, WDW offers guests high-quality

entertainment they can count on, which makes the Resort the HPOE.

3. Status

Disney fails to satisfy fully some guests’ concerns for status for the

same reason that it satisfies others’: The Company’s efforts to equalize

guests’ social status inside the Resort result in the situation that guests who

enjoy high social status in everyday life find themselves on the same status

level as all other guests at WDW. As people “enjoy having a lofty status

that is recognized by others and by [themselves],” and become accustomed

to using their high status to gain influence over others,

292

they are likely to

experience negative emotions when they enter the egalitarian community of

WDW because their high, everyday social status will not be recognized as

such at WDW. For instance, a judge used to commanding a courtroom will

find himself waiting for a CM’s permission to board one of the teacups at

the Mad Tea Party;

293

a first-class-traveling CEO accustomed to bypassing

long lines at the airport will find herself standing in the same ninety-minute-

292. FISHER & SHAPIRO, supra note 22, at 95.

293. See Attractions, supra note 1.

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long line for Peter Pan’s Flight

294

as one of her factory workers; and a

celebrity who gets the best tables at trendy restaurants will be denied the

prettiest horse on the Prince Charming Regal Carousel

295

because a five-

year-old got there first. Other than the FastPass system (which is available

to all guests), there is no way for guests of high social status outside WDW

to exert their influence within the Parks. Because Disney eliminates guests’

competition for status, those habituated to receiving top priority may

experience negative emotions at WDW.

In short, Disney’s approach to negotiating with its guests is to eliminate,

to the extent possible, the indicia of higher and lower social status within the

Parks. While this probably stimulates positive emotions in most guests

because everyone is treated as being of high social status, it may also elicit

negative emotions in those accustomed to being of relatively higher social

standing in their everyday lives.

296

4. Role

Just as Disney places guests in the unfamiliar, and likely enjoyable, role

of vacationers free from responsibility, it also casts them in the potentially

less pleasing role of passive participants in their enjoyment: Guests are,

“reduced to the ‘ideal’ child-like condition of being acted upon rather than

acting.”

297

While playing the role of recreant who cedes authority to Disney

to create enjoyment may be a fulfilling and pleasurable escape for many

guests, for others it is likely to be one devoid of meaningful activities. Some

guests find themselves “bored” at WDW or critique WDW as being too

“contrived.”

298

The Disney experience simply does not appeal to all

guests.

299

For these non-converts, Disney fails in its negotiations by not

meeting their need for a fulfilling role. Addressing this concern, if this were

possible, would probably require Disney to restructure WDW somewhat

fundamentally, since their discontent seemingly stems in part from Disney’s

reliance on fantasy, which is intrinsic to WDW.

In summary, Walt Disney World does not offer a fulfilling role to those

guests who seek active involvement in entertainment grounded in the “real”

294. See Attractions, supra note 1.

295. See id.

296. Despite this probability, this is not an aspect of the Core Concerns that is advisable for

Disney to address, especially not in a way that is evident to the majority of guests in whom the

equality of social status stimulates positive emotions. See infra Part V.B.7 and note 385.

297. WASKO, supra note 46, at 167 (internal quotations omitted).

298. THE PROJECT ON DISNEY, supra note 29, at 1 (describing two academics’ reactions at an

American Studies conference to their time spent at WDW).

299. See id.

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world. Disney’s negotiation with these guests is likely to occur in isolated

instances, since those who find the WDW concept unappealing are less

likely to be repeat players in negotiations with Disney at the Resort.

Addressing this concern would involve the creation of more interactive

entertainment and continuous efforts to incorporate realism into the Parks,

but these strategies may undermine the Disney experience for other guests.

5. Appreciation: A Case Study

300

a. The Situation

Disney’s fallibility in meeting guests’ concern for appreciation became

strikingly evident the day my parents and I were scheduled to have lunch

with an Imagineer at Hollywood Studios’ gourmet American cuisine

restaurant, The Hollywood Brown Derby (the Derby

301

). Dining at the

Derby is itself somewhat of a special treat, as it is one of sixteen

“Fine/Signature Dining” restaurants on the WDW property.

302

The added

attraction of an exclusive lunch with an Imagineer—an opportunity to

discover some of what goes on “behind the magic” at WDW—made this

lunch reservation an occasion that we eagerly anticipated. I had made the

reservation several weeks prior to our visit via Disney Dining, Disney’s

telephone and online reservation system.

303

The CM who made our

reservation told me that all seating options were available for the Imagineer

luncheon on the day we selected, so we could choose any time we preferred.

I confirmed a reservation for the three of us at one o’clock.

We spent the morning of our lunch day visiting Hollywood Studios’

attractions, then left the Park temporarily to change into the “business

casual” clothing required for the Derby. We arrived at the restaurant a few

minutes before our scheduled reservation, and as we waited, we chatted

excitedly about the type of insider’s information we would convince the

Imagineer to divulge. Our CM server led us promptly to our table, which

was set for three. Realizing that this would leave no room for the Imagineer

300. While focusing largely upon appreciation, this Part is also relevant to and incorporates

Disney’s negotiating weaknesses with respect to the other four Core Concerns.

301. See infra Appendix A.

302. See Restaurants, supra note 70.

303. See Where to Eat: Dining & Reservations, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/reservations/dining/ (last visited July 13, 2012).

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(who was not present and whom the server had not mentioned), I indicated

to the CM that there might be a mistake. “We’re supposed to have lunch

with an Imagineer,” I explained. “Oh,” she replied, with a look that was in

no way encouraging. “We’d better speak to my supervisor.”

At this point rather alarmed, we followed the CM back to the hostess’

podium and waited to discover the cause of the confusion. A CM manager

appeared shortly and spoke with us. “I hear there was a mix-up with your

reservation?” she said inquiringly. I explained about having made

reservations for lunch with an Imagineer. When I finished, she responded,

“Oh, no, we only do the Imagineer lunch on Mondays, Wednesdays, and

Fridays at 11:30am. And it’s Martin Luther King Day; the Imagineers are

off today. You said you made a reservation?” I told her that the

reservationist had given us our choice of times. “No, that’s not right,” she

said. “Sorry about that. Let me see what I can find out.” With that, she left

us standing by the podium as she went to make a phone call.

“No,” the CM said when she returned. “No, the Imagineers are off for

the holiday—and the lunches are booked for the rest of the week.” My

parents explained they were leaving that day, and that their main purpose for

coming was this lunch. “Maybe you can try on your next visit? Here’s my

card; next time you’re here, give me a call and I’ll get you into one of the

luncheons. Sorry about that!” And with that, the CM left us.

304

Standing there in our respective dress slacks, skirt, and high heels, my

parents and I were somewhat shocked. We were so disappointed that we left

the Derby in search of somewhere more innocuous to dine. As we walked

out of the door, our original server confided in me, “The reservation people

don’t know what they’re doing,” and she smiled sympathetically. In our

daze, we walked over to the Backlot Express counter service restaurant,

305

where we, in our business casual attire, sat down to a meal of hamburgers

and French fries.

b. The Negotiation

The CM manager failed to meet our need for appreciation almost from

the outset. Once she heard the basic facts of the reservationist’s

misunderstanding and surmised that no Imagineers were available, she

stopped listening to—and trying to understand—us. The CM largely

ignored the fact that my parents had made the trip to WDW primarily for

304. To her credit, the CM did take my cell phone number and promised to try to squeeze me

into another Imagineer meal during my stay. She called later to tell me she had been unsuccessful

and reiterated that I should call her before my next visit.

305. See Restaurants, supra note 70.

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this lunch. She heard us describe the circumstances of making the

reservation, but failed to notice the meta-messages behind what we said.

When we told her we were so “excited” about the lunch and were eager to

learn about Disney “behind the scenes” and how “disappointed” we were

that the lunch could not happen, she missed our underlying sentiment, that

we had felt an increase in status about the prospect of a slightly fancy,

unusual, and exclusive lunch with a Disney insider. She failed to understand

that our disappointment stemmed not only from missing a unique

opportunity to meet an Imagineer, but also from experiencing a

diminishment in status. We were no longer special—we were left to eat

hamburgers with everyone else. This CM heard about our circumstances,

but did not attempt to appreciate our point of view about them.

We also felt unappreciated because the CM seemed not to find merit in

what we explained to her. Throughout our conversation, she repeated

sentiments beginning with “no”: “No, that’s not right.”; “No, the Imagineers

are off.”; “No, we don’t do lunches at one o’clock.”; “No, there isn’t room at

another lunch for you.” The CM communicated the facts in such a way that

sounded as though she were criticizing what we were telling her. Not only

were we disappointed, but she made it sound as if it were our mistake, which

contributed to our feeling unappreciated.

Lastly, the CM failed to communicate that she understood what we were

feeling. By verifying the reservation and calling the Imagineering office,

she demonstrated an understanding of the factual situation. By allowing us

to leave the restaurant with simply an apology and her business card, the CM

did not appreciate our emotional reaction to the factual situation. Though

we reiterated how exciting the prospect was of seeing Disney behind the

scenes, she did not demonstrate that she appreciated our interest in an

insider’s tour. She focused on this lunch, this Imagineer, and this restaurant;

had she appreciated what we were trying to communicate, she could have

demonstrated that understanding by investigating other behind the scenes

opportunities available at WDW,

306

or by increasing our status by offering us

a complimentary meal at the Derby to apologize for the mistake.

The CM did not handle our emotions as effectively as she could have

because she assumed the temporary role of “problem solver” when she

should have focused on the role of “listener.” When she could not solve the

306. There are at least sixteen types of tours offered at WDW. See Tours and Experiences at

Walt Disney World Resort, WALT DISNEY WORLD, http://disneyworld.disney.go.com/tours-and-

experiences/?resultSet=31&page=0 (last visited July 11, 2012).

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immediate problem, she adopted a “tough luck; can’t help you” attitude that

stimulated so many negative emotions in us that our next stop (after lunch)

was Guest Relations, where we hoped to find a more sympathetic ear.

307

Our feeling of disaffiliation with Disney was intense and bi-level: My

parents remarked several times how this interaction was “so unlike Disney”

and we all agreed that we wanted to leave Hollywood Studios as soon as

possible. On a personal level, I was quite angry with the CM and leery of

speaking to her again, to the extent that I never did take advantage of her

offer to arrange another Imagineer lunch.

c. The Impact

What began as a botched reservation ended as an episode of

unappreciation and disaffiliation that stimulated strong negative emotions

toward Disney and its CM. As a result of that negotiation, WDW was for us

the antithesis of the HPOE. Had we been first-time guests judging Disney

on only that interaction, we would have been unlikely to return. This

example not only demonstrates the interplay of the Core Concerns

throughout a negotiation, but it also indicates the extent to which stimulating

positive emotions is crucial for Disney, not merely for WDW to earn the title

of the HPOE, but also for its corporate success.

308

B. Negotiations with Cast Members

Since CMs make up such a large part of the WDW population, WDW

cannot validly claim the title of the HPOE if Disney does not negotiate with

CMs in a way that handles their emotions effectively and stimulates positive

emotions. Despite Disney’s efforts to address CMs’ Core Concerns, it is

evident that Disney does not satisfy these Concerns as fully as it could. This

Part examines the areas in which Disney could improve its negotiations with

CMs, at both the company and personal levels.

1. Affiliation

Cast Members feel disaffiliated with the Company largely for the same

reason that guests feel affiliated with it: Disney is a “corporate monolith,”

309

307. The Guest Relations CMs satisfied our Core Concerns much more effectively. See supra

notes 226-28 and accompanying text.

308. The definition of Disney’s “corporate success,” and the extent to which the title of the

HPOE is a factor, is discussed below. See infra Part VI.

309. THE PROJECT ON DISNEY, supra note 29, at 112.

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a vast empire where the king—Robert Iger, President and CEO of the Walt

Disney Company—earns more than $18 million per year,

310

while the

commoners—e.g., part-time CMs—take home salaries closer to minimum

wage.

311

Not only is this intra-company disparity striking for CMs, but they

are also aware that Disney pays them 10%–15% below market for their

work.

312

Moreover, CMs perceive Disney as “inflexible in negotiations with

prospective employees,”

313

which adds to their sense of disaffiliation.

Disney’s impressive size helps guests across the globe to develop an

affiliation with the Company, but it impedes CMs’ development of the same.

As one CM explained, Disney’s workforce has to be unionized because the

Company—even limited to WDW—is so large that the various types of

workers do not understand what the others do; thus, unions, though “not

very powerful,” are necessary mediators that relay area-specific concerns

between occasionally-warring factions within the Resort.

314

Cast Members feel a lack of personal connection with the Company also

because they feel disillusioned by some of what it espouses. With respect to

Disney’s commitment to equal opportunity promotion, CMs expressed to

Kuenz that they were

sure that Disney’s commitment to equal opportunity, Walt’s bootstraps ethos, was self-

evidently absurd, that in order not just to stay on . . . but to move into a higher position,

they had to be favored by someone above them, which usually requires them to be

obsequious, not make problems, not complain . . . . What made Disney workers bitter

310. See The Walt Disney Co., The Walt Disney Company Notice of 2012 Annual Meeting and

Proxy Statement (Form DEF 14A), at 15 (Jan. 20, 2012). Disney reports Iger’s total cash

compensation for the 2011 fiscal year as $18,462,932 and his total annual compensation (including

annual equity awards) for that year as $31,363,013. Id.

311. See, e.g., Search Jobs, DISNEY CAREERS, http://wdw.disneycareers.com/en/search-

jobs/advanced-search/ (last visited July 11, 2012) (search inquiry performed for job openings at

WDW returned results with starting salary of $7.80 per hour for part-time custodial work).

312. WASKO, supra note 46, at 95.

313. Id. at 96.

314. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

The CM illustrated this concept with the example of the interactions between WDW railroad

engineers, who conduct real, steam-powered trains around the Magic Kingdom, and the

Entertainment CMs participating in the parades: The Entertainment CMs became upset when the

train engineers blew the steam whistle during a parade, which drowned out the parade music. The

engineers’ union was necessary to explain that the engineers had no choice about when to blow the

whistle, since it is necessary to release the steam pressure that could otherwise cause an explosion.

Id.

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was the gap between their expectations for opportunity with Disney and the eventual

reality.

315

Cast Members worry about their job security

316

because of the difficulty

of securing full-time employment,

317

and this worry is an obstacle to their

development of a sense of affiliation with the Company. Some Cast

Members seem to distrust Disney, both because they feel their jobs are not

secure,

318

and also because Disney constantly spies on its CMs while they

work:

319

Cast Members disguised as tourists, termed “shoppers,” observe

how CMs interact with guests or try to provoke CMs into stepping out of

character.

320

It is unsurprising, in this atmosphere of job insecurity and

covert observation, that CMs would find it difficult to develop a personal

connection with their employer. Disney would be well advised to pursue

strategies to foster CMs’ affiliation, rather than their neurosis and paranoia.

Disney also falters in its efforts to encourage affiliation between CMs.

Despite Disney’s efforts to sponsor events for CMs to mingle,

321

many CMs

report that they know only the CMs who work in their immediate area: A

CM who works in Adventureland

322

reports interacting with CMs from

Adventureland and Liberty Square

323

(the adjoining section of the Magic

Kingdom) because they sometimes fill in for each other when the other is

short-staffed, but as she said, “Literally, I don’t know a single person from

the other side of the Park.”

324

When asked about the Disney-sponsored

gatherings, the CM compared them to a college function that one attends

with one’s dorm-mates: “You hang out with the people you know.”

325

The CMs interviewed by Kuenz concurred in the assessment of WDW

as cliquish.

326

They also reported that Disney makes it difficult to foster

315. THE PROJECT ON DISNEY, supra note 29, at 122-23.

316. See Interview with a Hollywood Studios Cast Member, at Walt Disney World (Jan. 15,

2007).

317. See THE PROJECT ON DISNEY, supra note 29, at 118.

318. See id. (“[Cast Members] have gotten a part and maintained a certain type of lifestyle and

[Disney] could literally say to [them], ‘Thank you, you have two weeks.’” (quoting a CM

performer)).

319. Id. at 124. Disney apparently also spies on the guests with its “foxes,” CMs disguised as

tourists who help to keep the peace and minimize shoplifting. Id.

320. Id.

321. See supra note 241 and accompanying text.

322. See infra Appendix A.

323. See infra Appendix A.

324. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

325. Id.

326. THE PROJECT ON DISNEY, supra note 29, at 121-122. This cliquishness is exacerbated and

perpetuated by the lack of job security and by promotion by favoritism, which breed “unhealthy

competition, sycophancy, and mutual distrust.” Id. at 122.

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friendships or cross-area alliances because of rules, for example, pertaining

to breaks and lunchtime.

327

Cast Members are not permitted to socialize

while On Stage.

328

Permissible socialization is limited to when they are on a

lunch break.

329

However, breaks are regulated such that not many CMs are

off at the same time, and striking up a conversation when trading places

risks being late for their return back to work, for which they would be in

trouble.

330

Further isolating CMs from their co-workers in other areas is the

internalized practice of not associating with CMs from other work sectors:

“If you worked in Entertainment, you’d hang out with Entertainment people;

if you were in Attractions, you’d hang out with Attractions people . . . . If

you crossed, it was a weird feeling, like you weren’t supposed to come

through here . . . . You’re not supposed to be over here talking to us.”

331

Thus, both Disney’s formal structures and its business culture impede

fulfillment of CMs’ need for affiliation.

Drawing these observations together, Cast Members’ concern for

affiliation is largely unsatisfied on both of Disney’s levels of negotiation.

Disney fails to build personal connections with the CMs because of the vast

gulf between them and the corporate entity that—as some CMs see it—pays

them a pittance, denies them job security, and spies on them. As Kuenz

writes, “[Cast Members] don’t particularly like the Walt Disney Co.: they

find its rules and policies unbending, silly, and degrading . . . .”

332

Disney

also does not encourage interpersonal connections between the CMs as

effectively as it could because of its policies concerning CM socialization.

As its current practices stimulate negative emotions, Disney’s challenge in

negotiating with its CMs is to develop a sense of affiliation with the

Company that transcends their affinity for their work, and also for it to assist

CMs in developing personal connections with their coworkers.

327. See id. at 127.

328. Interview with a Hollywood Studios Cast Member, at Walt Disney World (Jan. 15, 2007)

(this CM explained that conversing with a single guest the whole day would please her supervisor,

but being caught talking to a co-worker would get her in trouble).

329. THE PROJECT ON DISNEY, supra note 29, at 127.

330. Id. (“It’s like they don’t want you to be together.” (quoting a CM)).

331. Id. (quoting a CM).

332. Id. at 141.

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2. Autonomy

Perhaps more so than any of the Core Concerns, the CMs’ desire for

autonomy is unfulfilled in its negotiations with Disney. The Company

controls nearly every aspect of CMs’ appearance and conduct inside

WDW.

333

Chewing gum, eating, smoking, using a cell phone, having poor

posture, and even frowning are all prohibited activities,

334

and “‘continued

violation’ of the appearance policy is cause for dismissal.”

335

Disney is

particularly stringent in its rules concerning Character costumes, the removal

of which in front of guests, even if the CMs become ill or pass out, is cause

for automatic dismissal.

336

Beyond such appearance and conduct guidelines, CMs report that

Disney scripts all of CMs’ public interactions to the extent possible.

337

Improvisation and personalization are discouraged: “[I]t doesn’t matter who

or what you are when you come in since, once in, you will become whatever

you were cast to be: ‘They have your personality waiting for you.’”

338

Such

total control over CMs deprives them of a sense of autonomy and potentially

stimulates strong negative emotions toward Disney.

In short, Disney deprives CMs of the autonomy they desire by forcing

adherence to rules governing their appearance, conduct, and guest

interactions. Such total control over the CMs in their negotiations with

Disney stimulates strong negative emotions in the CMs. In this regard more

than any other, WDW is clearly not the HPOE for CMs.

333. See infra Appendix C.

334. The Disney Look, supra note 235.

335. WASKO, supra note 46, at 94 (quoting a CM handbook distributed by Disney) (internal

quotations omitted).

336. Id. at 94-95. This is a serious concern for CMs, given the heavy weight of the costumes.

Kuenz reports that the temperatures inside the costumes may rise up to 130 degrees:

One man reports that during the summer a goodly part of his job is devoted to driving

around retrieving characters when they fall. . . . Passing out is sometimes prefaced by

(and probably directly caused by) throwing up inside the head, which cannot be removed

until out of public view.

“You’re never to be seen in a costume without your head, ever. It was automatic

dismissal. It’s frightening because you can die on your own regurgitation when you can’t

keep out of it.”

THE PROJECT ON DISNEY, supra note 29, at 134-36 (quoting a CM).

337. Id. at 144 (remarking that “all roles at Disney are scripted and should be predictable,”

including that of one hotel CM, whose “role is scripted for ‘naturalness’”).

338. Id. at 138 (quoting a CM). Another CM was stopped from altering the words in his

scripted spiel: “They made us stop because it was not SOP, it was not Standard Operating Procedure,

it was not in your spiel.” Id. at 128 (quoting a CM).

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3. Status

Disney meets guests’ needs for status in part by treating them all as

being of high social status, but it does not satisfy CMs’ status concern nearly

as effectively. Some CMs report feelings of hostility toward supervisors and

executives, stemming largely from their perception that those supervisors

and executives treat them like lesser citizens of WDW.

339

This situation is

exacerbated by the tenuousness of employment at WDW and the

cliquishness it creates.

340

As one CM hired only for a summer explained of

the temporary CMs’ social position, “We’re outcasts.”

341

Cast Members feel

that Disney encourages stratification along the social status lines drawn by

positions of leadership: “The leads would have their own little pack. The

supervisors would have their own little pack. And nobody interacted in

between. If you were a lead that hung out with your operators, you were not

favored by the supervisors because the supervisors thought you should be

with your leads.”

342

In essence, these CMs describe social status at WDW as

defined by a type of caste system that privileges managers over workers, and

full-time CMs over part-time or temporary ones. Perpetuating interactions

between CMs in a way that reminds lower-status CMs of their lower status is

likely to stimulate negative emotions.

This is particularly of concern because CMs are aware that their social

status at WDW is below that of guests.

343

The emphasis that Disney places

upon CMs’ role of preserving the integrity of the Disney show on guests’

behalf, and the measures it takes to control CMs’ appearance and behavior to

optimize guests’ enjoyment of WDW, leave no room for doubt that Disney

considers guests to be of higher social status than CMs.

344

Creating a work

atmosphere that minimizes the negative emotions stimulated by CMs’

feelings of low social status is an important area of concern for Disney to

address in its future negotiations with CMs.

To summarize, of the inhabitants of WDW, CMs occupy the position of

lowest social status. Disney’s formal and informal structures create a highly

339. Id. at 121 (quoting two CMs who feel this way: “You’re not people of course.” “They

treat you like a dog. They treat you like low life.”).

340. Id.

341. Id. at 122.

342. Id. at 121 (quoting a CM).

343. See, e.g., id. at 145 (noting CMs are not permitted to embarrass guests); see also supra

notes 168-71, 339 and accompanying text.

344. See, e.g., supra text accompanying notes 259, 333-38.

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divisive social setting for CMs, and risk stimulating strong negative

emotions in CMs at the bottom of the social hierarchy. Devising techniques

for meeting CMs’ concern for status more effectively, while still maintaining

a workable management structure and Disney’s trademark esteem for its

guests, is a key challenge for Disney’s negotiations with its CMs.

4. Role

The highly scripted, controlled, and repetitive work that many CMs

perform does not always result in their feeling that they occupy a meaningful

role.

345

The set of activities associated with many jobs in WDW,

particularly that of one working in Attractions, can become

“monotonous as all get-out.”

346

Disney rotates the Attractions CMs

through different positions within the attraction—the head of the line, the

final safety check before the ride begins, etc.—every fifteen to thirty

minutes.

347

While this does help to curb monotony, it also reinforces for

CMs how interchangeable they are in Disney’s eyes.

348

Added to the sense of interchangeability is the pressure of being

persistently personable.

349

In Hochschild’s terms, doing this successfully

involves “deep acting,” a process of calling upon emotive memories to

evoke the same emotions in the present, such that the actor is convinced his

present emotions are “real.”

350

But when CMs’ emotions are inconsistent

with the happiness they must display,

351

the required positive expression is

stressful.

352

One CM describes the strain associated with, “mechanically

reproducing the same commodified Disney charm: ‘You feel like you’re a

robot after awhile . . . . It’s very stressful, but you just have to.’”

353

345. See THE PROJECT ON DISNEY, supra note 29, at 144.

346. Id. at 144 (quoting a CM).

347. Id.

348. See id. at 145.

349. See id. at 144.

350. HOCHSCHILD, supra note 112, at 41-42. Deep acting is distinguishable from “surface

acting,” which is mere pretending to feel a certain emotion in order to convince observers. Id. at 33.

It would be preferable for CMs to portray positive emotions through deep acting because successful

deep acting may help CMs to feel their emotive displays are more meaningful and better indications

of true feelings than if they only feign happiness. Minimizing the disconnect between their inner

emotions and outward displays makes their role more fulfilling. See also infra Appendix B.

351. Hochschild calls this phenomenon “emotive dissonance.” HOCHSCHILD, supra note 112,

at 90.

352. See THE PROJECT ON DISNEY, supra note 29, at 125.

353. Id. (quoting a CM). According to Hochschild, in response to this type of strain, flight

attendants may “go into robot.” HOCHSCHILD, supra note 112, at 129 (internal quotations omitted).

Going “into robot” is a response to the pressure of a job that requires constantly performing what

Hochschild terms “emotional labor.” See infra Appendix B. The flight attendants who exhibit this

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Attractions CM concurred: “[Y]ou go out in public and be this boy scout for

eight hours a day. When you come home, you’re a mess. You’re a maniac.

You’re angry . . . . You’re just like, ‘I can’t take this anymore.’”

354

should be noted that most CMs seem to enjoy working at WDW,

355

and that

they individually could utilize techniques to make their conventional roles

more meaningful.

356

However, assisting CMs in addressing their concern for

a fulfilling role is an avenue that Disney could gainfully employ to stimulate

more positive emotions in its negotiations with CMs.

In summary, the activities subsumed within CMs’ conventional roles

tend to be monotonous and unfulfilling ones for CMs, insofar as they

underscore how CMs are all replaceable parts of the Disney machine.

Working at WDW requires CMs to maintain consistent displays of a

friendly, positive attitude toward guests—i.e., to perform emotional labor.

An ever-present good mood can not only seem contrived if CMs are not

proficient in deep acting, but is also strenuous for CMs to maintain because

it forces them to bury their negative emotions behind a smile. Cast

Members can individually redefine their roles to find them more meaningful,

but for WDW to be the HPOE, Disney must assist them in this endeavor.

5. Appreciation: A Summary

Disney’s shortcomings in addressing the CMs’ above-mentioned Core

Concerns, in all likelihood, result in CMs’ feeling unappreciated by Disney

in their interactions with the Company. The fact that Disney pays below

market value not only disaffiliates CMs from Disney, but it also can make

response to emotional labor engage in surface acting, but do not attempt to conceal from their

audience that they are pretending. Passengers perceive and respond negatively to this fake

“emotion.” See HOCHSCHILD, supra note 112, at 33, 129. Similarly, CMs’ going “into robot” would

be easily perceptible by guests and would detract from the guests’ experience; e.g., if a CM smiled

hollowly and said, “Have a magical day” with no sincerity, guests would feel worse than if he had

said nothing.

354. THE PROJECT ON DISNEY, supra note 29, at 144 (quoting a CM). Hochschild notes that

when working conditions require certain outward displays of emotion, the worker may become

estranged from his true feelings in the long term. See HOCHSCHILD, supra note 112, at 90.

355. Without exception, every CM I talked to spoke positively about working at WDW,

including those I conversed with outside the Parks on their time off. Even the concierge who

responded that he had worked for Disney for “too long” proceeded to tell me about why he likes

working at WDW. Interview with a hotel CM, at Walt Disney World (Jan. 13, 2007). Part of the

meaning the CMs find in their jobs seemingly stems from their creation of magical experiences for

the guests; they attribute the creation of this magic to their own efforts and believe that the Company

has little to do with it. THE PROJECT ON DISNEY, supra note 29, at 113.

356. See FISHER & SHAPIRO, supra note 22, at 120-25.

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CMs feel that Disney does not value highly the work that they do. Disney’s

pervasive control over every aspect of CMs’ presence in the Resort strips

CMs of their autonomy, and also leads many CMs to feel that the Company

is not interested in what the CMs might contribute to WDW if they were

given more opportunity to express themselves individually. Creating a

social structure that privileges management and full-time CMs over their

non-management and temporary counterparts demeans the status of these

non-management and temporary CMs at the same time that it denies the

merit of what they contribute to the Resort. Assigning CMs roles that

require the repudiation of their actual emotions and that emphasize their

expendability sends CMs the message that Disney does not care about what

they individually think, feel, and do.

The combination of factors that results in CMs’ feeling

underappreciated should be addressed seriously by Disney because of its

potential to stimulate strong negative emotions in the CMs. The

consequences of such emotions were evident at Disneyland Paris, where

CMs responded to Disney’s negotiation failures with acts of rebellion. The

labor union struck, accusing the Disneyland Paris police force of spying on

CMs.

357

One thousand CMs left Disneyland Paris in the first three months

of its operation.

358

Cast Members reportedly stole rampantly from the

Parks,

359

and their behavior towards guests exemplified the antithesis of

Disney’s vision of customer service: When asked to take group photos, CMs

purposefully cut guests’ heads from the pictures; Attractions CMs charged

entrance fees for attractions because guests did not know they were free; and

Characters stared down children and refused to give them autographs.

360

While the level of negative emotions among WDW CMs is clearly lower

than was that of the Disneyland Paris CMs, the implications for Disney are

just as real. If Disney does not address its Floridian CMs’ Core Concerns

more effectively, then Walt Disney World may not rival Disneyland Paris

for displays of strong negative emotions, but neither can it justifiably claim

the title of the Happiest Place on Earth.

357. Paul R. Michaud, Going Global: Wild Kingdom, 5 WORLD TRADE, no. 8, Oct. 1992 at 5.

358. Roger Mills, James Dimech Debono & Victoria Dimech Debono, Euro Disney: A Mickey

Mouse Project?, 12 EUR. MGMT. J. 306, 309 (1994).

359. As one Disneyland Paris source put it, Cast Members were “taking home everything

imaginable,” including $170,000 from the Hotel New York. Michaud, supra note 357, at 5 (internal

quotations omitted).

360. ANDREW LAINSBURY, ONCE UPON AN AMERICAN DREAM: THE STORY OF EURO

DISNEYLAND 107 (2000).

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V. SUGGESTIONS FOR HOW DISNEY COULD IMPROVE ITS NEGOTIATIONS TO

MAKE WALT DISNEY WORLD THE HPOE

As discussed above, Disney is largely successful in addressing guests’

and Cast Members’ Core Concerns in its negotiations with them at Walt

Disney World. As also noted, however, Disney does not respond to their

Core Concerns as effectively as it could. If Disney’s goal is to make Walt

Disney World the Happiest Place on Earth, then it should employ

negotiating techniques that will aid the Company in satisfying guests’ and

CMs’ Core Concerns more fully. By improving upon its shortcomings,

Disney could negotiate with guests and CMs in a way that stimulates more

positive emotions, and thereby bolsters WDW’s claim to the title of being

the HPOE. This Part outlines suggestions that Disney can utilize to handle

emotions more effectively in its negotiations with guests and CMs.

A. Negotiations with Guests

361

Disney generally addresses guests’ Core Concerns effectively, probably

because the Company understands that its ability to stimulate positive

emotions in negotiations with guests strongly correlates with guests’

patronage of Walt Disney World. That said, Disney may choose to

implement any or all of the following recommendations to improve its

management of guests’ emotions and to bring WDW closer to being the

HPOE. The suggestions that follow are listed in descending order,

beginning with those most strongly recommended that Disney adopt, and

concluding with one that Disney should consider, but probably not

implement.

1. Formal Negotiating with Emotions Training

As comprehensive as Disney’s training is, it does not include any formal

negotiation training.

362

The result of this lack of training is that there are

more instances of guests’ feeling disaffiliated when an unfriendly CM seats

them on rides without a smile or unappreciated when a CM fails to

361. Although the other Parts feature sections further subdivided by Core Concern, the

recommendations in this Part are divided only according to whether they pertain to guests or CMs.

The reason behind this organization is that many of the suggestions address multiple Core Concerns,

such that further subdivision would not be useful.

362. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 2007).

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understand the real reason behind a guest’s complaint than there might be if

CMs learned to listen for and address guests’ Core Concerns. Because

Disney already mandates Traditions training for all CMs, adding negotiation

to the topics addressed would not be unduly burdensome.

363

It would,

however, contribute markedly to WDW’s being the HPOE.

To incorporate formal negotiation training into Traditions, Disney could

hire experts in the emotional dimension of negotiation as consultants to

design Disney’s negotiation training program.

364

These consultants could

instruct the CMs who conduct Traditions in the Core Concerns and could

assist them in developing the techniques the CMs would use to teach new

CMs how to use the Core Concerns as a “lens to understand and as a lever to

improve”

365

their negotiations with guests.

366

A few days or hours of

instruction during Traditions would obviously not suffice to make CMs

proficient in managing the Core Concerns; however, it would introduce CMs

to basic concepts and techniques that they can practice utilizing in

negotiations throughout the Resort. To make the training most effective,

Disney could offer follow-up negotiation training sessions, perhaps bi-

weekly in the first few months of employment and for seasonal CMs and

semi-annually thereafter for permanent CMs. This would allow CMs to

consult with their trainers about their experiences using the Core Concerns

and to get suggestions on how to improve their negotiations in the future.

Though this increased focus on negotiation training would require Disney to

redesign Traditions somewhat and to incur additional expenses, the

investment would pay dividends in the form of improved negotiations

between CMs and guests.

2. Create a Phone Line for Guest Communications

It is difficult outside of the Resort for guests to initiate contact with

Disney via a live person for any purpose other than those deemed acceptable

by Disney, namely booking hotel and ticket packages or making restaurant

363. Hochschild reports that Delta Airlines offers its flight attendants annual training classes

focused on avoiding anger. See HOCHSCHILD, supra note 112, at 113. Even if Disney opts not to

incorporate formal negotiation training into Traditions, it may wish to consider adding a program

such as Delta Airlines’ for the sake of CMs’ long-term mental well-being.

364. Several law schools have excellent negotiation programs and could be a source of such

expert consultants.

365. FISHER & SHAPIRO, supra note 22, at 21.

366. Considering how often Disney hires and trains new CMs, it is presumably more efficient

for the CMs responsible for training to learn from the outside consultant how to teach the Core

Concerns techniques than it would be for Disney to call upon the consultant to instruct all new hires

personally. Internalizing the instruction process also accords better with Disney’s current training

practices.

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reservations. Disney phone numbers are scarce; even the Guest

Communications contact information cards given out at Guest Relations

have only an email and mailing address. Limiting live contact with guests

seems to be intentional: One CM reported that the only Disney contact

information he was permitted to provide me was the Guest Communications

card.

367

Cast Members hand out these cards as panaceas for all guests’

problems, which leaves some guests—especially those skeptical of typical

company form letters—desirous of more immediate gratification via

conversation. Impersonalizing Guest Communications makes it difficult for

guests to build affiliation with Disney, and risks stimulating a sense of not

being appreciated by a company seemingly unwilling to listen. For Disney

to address guests’ emotional needs more effectively, it should create a

medium for guests to contact CMs personally. Granted, establishing such a

department would likely be expensive, but Disney should consider that a

guest whose emotional needs remain unmet by an impersonal P.O. box

address is a guest unlikely to return to WDW.

3. Modify Service Recovery Efforts to (a) Reduce Focus on Literal

Problems and (b) Offer More Creative Solutions

Cast Members handle guests’ problems well when they are able to

assess the problem and come up with a responsive solution. They are less

successful in cases such as my Imagineer lunch, where the immediate

situation could not be remedied, and I walked away feeling unappreciated,

disaffiliated, and demeaned in status. As part of its negotiation training,

Disney should encourage CMs to craft solutions that overcome negative

emotions by addressing guests’ Core Concerns. For example, rather than

apologize and hand me her business card to call before my next trip, if the

CM had offered me a Dream FastPass,

368

I would have left our negotiation in

an entirely different frame of mind. While that gesture would not have made

an Imagineer materialize, it would have made me feel appreciated by

demonstrating her understanding of my feeling of diminished status. I

would have left the restaurant feeling special in a different way.

367. Interview with a hotel Cast Member, at Walt Disney World (Jan. 13, 2007). Not only does

it appear intentional, it also raises the question whether Disney hopes most dissatisfied guests will

lack the follow-through to write their complaints.

368. See supra Part III.A (discussing distribution of Dream FastPasses as a method for granting

high status).

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A more emotion-focused approach to guest complaints would be

effective also when guests are upset about a favorite ride being closed during

their visit.

369

According to a Guest Relations CM, guests frequently

complain to Guest Relations about ride closures and often demand a refund

of their ticket price.

370

Disney’s response to this demand is to send guests to

City Hall,

371

where they will receive a refund of the dollar portion of their

ticket price represented by that individual ride, approximately $1.40.

372

Such a gesture, while immediately responsive to the guest complaint, is

liable to stimulate more negative emotions than positive ones. A guest who

anticipated for weeks or months his forthcoming opportunity to ride Space

Mountain is unlikely to find his disappointment satisfactorily addressed by a

$1.40 refund. This literal approach to service recovery does not handle

guests’ emotions as effectively as it could and leaves guests feeling

unappreciated. Again, this is a situation where listening to the guest,

empathizing with his disappointment, and offering a Dream FastPass would

serve Disney’s purposes better than issuing a proportionate refund.

Since Disney leaves it to the CMs to solve guests’ problems, it should

encourage the CMs to listen to the underlying concern and address it with a

creative and satisfying solution, even if the solution is not directly

responsive to the problem. Changing the focus in guest negotiations to be

less literal and problem-based and more creative and Core Concern-based

could be done at minimal cost to Disney, but could reap maximum benefits

in terms of guests’ positive emotions.

4. Initiate Negotiations More Often

As I waited to be seated for my Character breakfast, I observed nearby a

young girl, approximately three years old, standing next to her mother and

bawling with a force that connoted true despair. At least three CMs walked

past the girl and noticed her weeping, but seemingly reassured that she was

near her mother, they did not even stop to inquire what was the matter; since

the mother did not ask for help, the CMs did not offer it.

373

This incident

reaffirmed my previous observation that while CMs were happy to chat with

369. This is a common occurrence, as attractions must close periodically for refurbishment.

Disney addresses this situation by posting CMs near the closed ride’s entrance to explain the

circumstances to guests.

370. Interview with a Guest Relations Cast Member, at Walt Disney World (Jan. 16, 2007).

371. See infra Appendix A.

372. Interview with a Magic Kingdom Cast Member, at Walt Disney World (Jan. 16, 1007)

(this approximation was the CM’s, not my own).

373. I have no doubt that if the girl had been by herself and not in her mother’s presence that

they would immediately have come to her aid.

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me once I invited them into a conversation, they rarely initiated

communication intended to reduce our emotional distance.

374

To meet guests’ concern for affiliation more fully, CMs may consider

instigating more conversations with guests on a personal level. This

recommendation should be balanced against the potential that actively

seeking to reduce emotional distance between CMs and guests may

stimulate negative emotions from guests who feel the contact is too

intrusive. Perhaps an appropriate balance may be struck by encouraging

CMs to offer their assistance when they see signs of distress, such as the

little girl’s sobbing, rather than waiting for the guest to ask for help.

5. Introduce More Interactive Rides

To alleviate the criticism that WDW deprives guests of their autonomy

by incorporating only passive entertainment options that predetermine

guests’ experience of the attractions, Disney may choose to add more

interactive rides to its Parks. Walt Disney World features some partially-

interactive rides, including the Tomorrowland Speedway race cars, Buzz

Lightyear’s Space Ranger Spin, in which guests can use laser guns to shoot

at targets and accumulate points throughout the ride, and the Monsters, Inc.

Laugh Floor, in which guests become part of a digital improv comedy

show.

375

Focusing predominantly upon interactive attractions would

arguably expand guests’ autonomy by affording them greater control over

their entertainment experience. However, the extent to which guests

(outside of academics) feel their autonomy impinged sufficiently by

Disney’s classic attractions, such as Pirates of the Caribbean and the

Haunted Mansion,

376

to warrant shifting the Parks’ focus to interactive rides

is debatable.

374. In making this assertion, I discount comments such as “Hello,” “Have a magical day!” and

“Where are you folks from?” all of which belong more to the category of “Safe Conversation

Subjects” rather than “Affiliation-Enhancing Subjects.” See FISHER & SHAPIRO, supra note 22, at

63.

375. See Attractions, supra note 1. Attractions such as Dumbo the Flying Elephant, Mad Tea

Party, and The Magic Carpets of Aladdin could potentially also be considered “interactive” rides,

insofar as they allow guests to control their cars’ height or rotation speed. See id.

376. See id.

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6. Allow Unhappy Cast Members to Take an “Emotional Sick Day”

Since CMs are humans with their own rich emotional lives, it is

inevitable that they will sometimes have days in which the challenge of

maintaining an ever-present smile is overwhelming. Emotive dissonance

notwithstanding, producing a smile is a part of the work in a job that requires

emotional labor, and doing the job well entails disguising the effort

necessary to produce the enjoyment displayed.

377

One means of reducing

the strain caused by emotive dissonance is to minimize the difference

between the feeling and the display by changing one or the other.

378

In a job

involving emotional labor, more often the feeling than the display is required

to change.

379

Even when the laborers are taught techniques for trying to

change their negative feelings, performing emotional labor in the long term

often results in burnout, becoming emotionally detached or cynical, or

refusing to perform and doing the job poorly.

380

Since CMs perform constant emotional labor, Disney would be well-

served to adopt measures that reduce CMs’ emotive dissonance in order to

minimize the chances of an interaction between a guest and a CM

experiencing negative emotions. There are two significant risks associated

with an interaction between an unhappy CM and a guest: the guest may

become disaffiliated with the CM and with Disney as a whole, and the CM

may experience the detrimental effects of emotive dissonance. In response

to these concerns, Disney may wish to allow CMs to request occasionally

that they not be On Stage for a day—a form of emotional sick day in which

the CMs would perform behind the scenes duties only. Allowing CMs not

to interact with guests when they feel emotionally incapable of maintaining

Disney’s standards of comportment might reduce the number of instances

whereby guests feel disaffiliated from Disney because of contact with an

unfriendly CM.

381

Any such policy would fairly be coupled with a proviso

that invoking the emotional sick day privilege too frequently would be

grounds for dismissal. Disney may wish to incorporate a maximum number

377. HOCHSCHILD, supra note 112, at 8. Given Hochschild’s definition of “emotional labor,”

see infra Appendix B, working as a CM clearly involves emotional labor, of which producing a

smile is a central part.

378. HOCHSCHILD, supra note 112, at 8.

379. Id.

380. Id. at 187. Flight attendants are taught such techniques as pretending something traumatic

happened in the passengers’ lives to justify their bad behavior, breathing deeply, and talking to

oneself. Id. at 25.

381. In addition, this policy might alleviate some of the perceived impingements on CM

autonomy through behavioral control and make CMs’ roles more fulfilling by relieving them of

some of the burden of pretending happiness they do not feel.

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of emotional sick days into employment contracts. This suggestion may be

of more theoretical than practical value, particularly since there is no

guarantee that CMs’ negative moods would be present prior to their

workday, rather than arise during their shift. It may also be infeasible to

implement, since CMs who used their quota of emotional sick days would

probably continue to work just as they had before the policy was instituted.

Moreover, most guests’ feelings of affiliation towards Disney may be strong

enough that this policy is unnecessary. Despite these limitations, the

presence of an emotional sick day policy may garner enough improvements

to make it worthwhile.

7. Sell Tickets with a Special FastPass Option

For some guests, WDW may not be the HPOE because of the

impingement upon their autonomy posed by waiting in line for attractions.

Disney could respond to these guests’ autonomy concern by selling a form

of ticket to the Resort with a permanent FastPass, a type of first-class option

that guests could choose to add at an additional cost.

382

This is not an

advisable option for Disney to implement because of the negative

implications for guests’ status. One of Disney’s strengths in meeting guests’

concern for status lies in equalizing guests’ social status to the greatest

extent possible and making status distinctions equally available to all.

Offering a status-enhancing option for guests able to pay for it would

introduce undesirable social status distinctions. The vast majority of guests

would feel their status diminished as they would be unable to afford the

premium on an already expensive ticket. In this case, the balance of

concerns should be struck in favor of status over autonomy: Disney should

continue to offer FastPasses equally and at no charge to all guests.

383

382. Presumably, Disney would charge enough of a premium for these tickets that the FastPass

would still be worthwhile. If everyone had them, of course, then the FastPass would be pointless.

383. While Disney does not offer a permanent FastPass ticket option, it is possible to get the

equivalent of a permanent FastPass by booking a premium VIP tour, which includes “automatic

access to FastPass attractions.” Telephone Interview with a VIP Tour Services Cast Member (Sept.

6, 2011). Prices for the premium VIP tour range from $275–$315 per hour, for a minimum of six

consecutive hours. Id. Though these tours are available, they are not heavily advertised. Some

vague information is available on the WDW website, but details about the tour offerings (including

the permanent FastPass feature) are available only by calling Disney directly. See VIP Tour Guide

Services: Tours and Special Experiences at Walt Disney World Resort, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/tours-and-experiences/vip-services/ (last visited June 10, 2012).

This type of permanent FastPass poses less of a threat to guests’ status than does an enhanced Park

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B. Negotiations with Cast Members

To make WDW truly the HPOE, Disney needs to focus on negotiations

with CMs, perhaps even more than on those with guests. The extent to

which CMs experience negative emotions as a consequence of having their

Core Concerns not be met is troubling in itself, as Disney learned from

Disneyland Paris’ CMs. Moreover, it creates the risk of emotional

contagion: If CMs are unhappy, their negative emotions will likely impair

their work performance and will be perceived by guests, who may

experience a corresponding increase in negative emotions. Disney

unquestionably negotiates from a position of power in its dealings with

CMs, but by following some or all of the following suggestions, the

Company could reap the benefits of the positive emotions stimulated by its

attention to the CMs’ Core Concerns. As above, the suggestions are

presented in descending order, beginning with the most strongly

recommended idea.

1. Instate a Courtesy Policy

As a threshold matter, Disney should insist that every Disney employee,

from upper management to the newest temporary CM, treat every other CM

with the same courtesy with which he would treat a guest or someone of

similarly high social status.

384

Disney should establish a courtesy policy that

emphasizes prefacing requests or orders with “please” and recognizing a

completed task with “thank you.” This policy should be incorporated into

the written employment materials distributed to all CMs and reminders of

the policy should be posted prominently backstage. Essentially, Disney

should enforce and reward the courtesy policy with the same aplomb with

which it monitors the Disney Look and Guest Service Fanatics.

385

courtesy policy could be implemented virtually at no cost to the Company

(other than the cost of compliance) but would produce significant benefits in

terms of CMs’ concern for status. Just as Disney treats all guests as VIPs, it

should ensure that all of its employees are treated with the same respect.

Cast Members would undoubtedly feel more affiliated with Disney if

Disney’s policies required that they be treated with the courtesy befitting

their high status as human beings.

386

ticket because it is a much less visible option, implying that most guests are probably unaware that it

exists and that their status is therefore not diminished by it.

384. See FISHER & SHAPIRO, supra note 22, at 99.

385. See supra notes 114, 235, 268-69 and accompanying text; see also infra Appendix C.

386. See FISHER & SHAPIRO, supra note 22, at 99 (“Every negotiator holds high status as a

human being worthy of dignity and respect”).

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2. Arrange Weekly Breakfasts with Cast Members to Gain Their Input

Another viable means for addressing CMs’ Core Concerns is by

instituting a policy similar to that of Philippe Bourguignon, the man who

saved the troubled Disneyland Paris when he took over as President in

1993.

387

Seeking to ameliorate CMs’ discontent at Disneyland Paris,

Bourguignon for two years held bi-weekly breakfasts with the CMs to learn

from them how he could improve the Resort.

388

Encouraging management

and supervisors to hold a similar type of “round table” with WDW’s CMs

would be likewise beneficial. This could take the form of periodic group

meals prior to the Parks’ daily opening, or in a special meeting or retreat

during off hours. The form is less important than the function of uniting

management and supervisors with CMs and the focus upon learning from the

CMs’ experience. Management should be explicit with the CMs about their

desire to learn so they can improve the Resort and should encourage CMs to

be entirely frank. A possible technique is for management to ask CMs to

devote one session entirely to criticizing Disney or WDW, or both, and to

stating their desires for improvement. Another session may focus upon what

the CMs feel Disney does well. To reap the full benefit of these discussions,

management and supervisors must convey sincerely that there will be no

negative repercussions to voicing complaints.

389

Conducting these meetings

over a meal may contribute to the desired sense of informality and may

encourage forthright exchange.

By recognizing CMs’ particular status in the field of interacting with

guests in this way, Disney would gain valuable insight about how to

387. See Executive Profile: Philippe E. M. Bourguignon, BLOOMBERG BUISINESSWEEK,

http://investing.businessweek.com/research/stocks/private/person.asp?personId=704279&privcapId=

1080302&previousCapId=661147&previousTitle=Zipcar,%20Inc. (last visited July 11, 2012)

(noting Bourguignon served as President of Euro Disney S.A. beginning in 1993).

388. See The Kingdom Inside a Republic, supra note 133.

389. Disney already offers CMs a bulletin board on which to post grievances for further review

at complaint sessions. But as Kuenz observes, “[T]he efficacy of the [complaint session] varies with

employee status and area: Permanent full-timers brag about their complaint sessions while the more

contingent among them fear a trick wherein the meetings serve to isolate not the problems people are

having, but the people calling them to management’s attention.” THE PROJECT ON DISNEY, supra

note 29, at 126. In contrast, Hochschild notes that flight attendants are actually encouraged to vent

their concerns and emotions to their supervisors so that they do not take them out on passengers.

HOCHSCHILD, supra note 112, at 118. Because this is a well-established and accepted policy, flight

attendants presumably feel comfortable voicing complaints. Cast Members’ more tenuous job

security implies that Disney may have to make a very concerted effort to convince CMs that their

positions will not be compromised by their honest participation in these meetings.

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improve the Resort. Establishing personal contact between the various

Disney employees would foster a sense of affiliation between the ranks.

Additionally, giving CMs an opportunity to contribute their points of view in

this type of Resort-wide meeting would help them to feel appreciated by

Disney, thereby allowing them to view the Company less as an anonymous

autocracy, and more as a concerned seeker of advice.

3. Credit Cast Members for Their Ideas

Disney’s current means of soliciting CM ideas

390

risks stimulating more

negative emotions than positive ones because CMs may not receive credit

for their contribution, since Disney owns any idea that CMs have on

property and may not give recognition to the CM who offered the

suggestion.

391

Soliciting ideas and not affording recognition stimulates

negative emotions because the CMs feel unappreciated for their efforts.

Disney could alleviate this problem by giving CMs some form of named

recognition when they offer an idea that Disney subsequently incorporates in

the Resort, whether it be by naming the CM in the press release Disney

issues to announce the new initiative (in the case of a major idea) or simply

by announcing in a Company-wide newsletter who was responsible (for a

more minor change). Sharing credit with an idea’s originator should not

diminish the value of the idea from Disney’s standpoint because the CM is

part of the Company; it does, however, express appreciation of the merit of

the idea, and it encourages CMs to be forthcoming with future concepts.

Disney can benefit both from an increase in CM input and from the

increased positive emotions from CMs whose concerns for appreciation are

met.

4. Clarify Criteria for Job Security and Advancement

Some CMs have difficulty building affiliation with Disney as effectively

as they could because they are hired on a temporary or part-time basis with

the understood threat of arbitrary dismissal;

392

further, they see the path to

promotion as paved with favoritism that belies Disney’s supposed

390. See supra notes 278-80 and accompanying text.

391. See THE PROJECT ON DISNEY, supra note 29, at 126 (“[T]echnically, Disney owns any idea

its workers have on property, a fact they attest to when they sign, sometimes unwittingly, a statement

to that effect when they turn in their idea.”). Kuenz provides two examples of CMs who claimed to

offer ideas to Disney that the Company subsequently profited from without giving credit to the CMs.

Id. at 126 n.23.

392. See supra notes 316-20 and accompanying text.

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commitment to equal opportunity in advancement.

393

Disney could take

steps to rectify this situation and to address CMs’ status and affiliation

concerns by clarifying at the outset the Company’s hiring and promotion

practices. One such measure could involve separate interviewing processes

for potential CMs seeking seasonal and permanent work, rather than placing

all CMs on an initial probationary status and offering the possibility of

securing a more permanent position. Another suggestion is increased use of

supervisors’ CM reviews with objective assessment criteria to make

advancement decisions, provided that all CMs are reviewed by multiple

supervisors. This could perhaps be coupled with a supervisor rotation

system so that no individual superior would have sole authority over a

particular CM’s advancement, as multiple supervisors would observe and

evaluate CMs’ On Stage performance. If CMs were less preoccupied with

securing and advancing their employment, they could be more focused upon

building affiliations with their colleagues; that is, without fear that their job

hangs in the balance of an individual superior’s whims, they could

concentrate less on earning his favor than on finding personal connections

with CMs in other groups. As the situation currently stands, Disney’s hiring

and advancement practices could potentially foster unnecessary competition

and emotional isolation.

394

Clarifying the Company’s expectations at the

outset and reducing the possibility of favoritism as a factor in promotions

would stimulate positive emotions by giving CMs the security necessary to

affiliate.

5. Enable Cast Members to Shape Their Roles by (a) Increasing Cast

Members’ Ability to Create Magic and (b) Brainstorming with Cast

Members New Ideas for Their Spiels

During Disney’s “Year of a Million Dreams,” CMs had increased power

to create magic for guests by granting them special surprises and making

their Disney dreams come true.

395

Examples of this power included handing

out Dream FastPasses at the CMs’ discretion.

396

This type of initiative

expands CMs’ autonomy and makes their role as CMs more fulfilling by

393. See, e.g., supra notes 251, 315 and accompanying text.

394. See supra notes 326-30.

395. See Disney Makes History! Magic Kingdom Opens For Only One (Very Lucky) Family As

Disney Parks Kick Off ‘Year of a Million Dreams’ (Oct. 4, 2006), available at

http://multivu.prnewswire.com/mnr/disney/25613.

396. See supra Part III.A (discussing distribution of Dream FastPasses at random).

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allowing them to play a more direct part in enhancing the guest experience.

Disney should continue increasing CMs’ power to please guests even now

that the “Year of a Million Dreams” initiative has ended. Helping CMs to

feel that they have a direct impact upon guests’ enjoyment of the WDW

experience would inspire CMs because it would lend more meaning to what

can be otherwise a monotonous and suffocatingly scripted job. In other

words, increasing CMs’ power would make their role more fulfilling.

Moreover, expanding CMs’ autonomy in this way would serve Disney’s

stated commitment to guest service—it would simply do so in a way that

makes CMs more Disney’s partners in the effort, rather than its servants.

A corollary to this concept is joint brainstorming with CMs new ideas

for their spiels, particularly in the Entertainment and Attractions divisions.

Collaborating on ways to update CMs’ spoken scripts would make CMs feel

more appreciated because their insight would be sought and incorporated

into the final Disney product. It would also enhance their autonomy over

their jobs and increase their ability to shape fulfilling roles for themselves.

If CMs perceived themselves less like automatons and more like

contributors to the Disney vision, their positive emotions would likely

increase accordingly. A willingness to brainstorm jointly with CMs would

cost the Company little or nothing and would likely result in the benefits of

new, creative ideas and happier CMs.

6. Sponsor Events That Foster Cross-Area Interaction

Since CMs report that they do not associate with their peers in other

areas of the Resort, Disney may choose to provide CMs with social events

that foster interactions between CMs outside of their own work groups.

Disney’s current efforts to encourage cross-area socialization are thwarted

by the fact that CMs tend to arrive at the events with their sets of friends

from work and to stay with those friends throughout the duration of the

events, such that they do not expand their network of associations.

Increasing the number of social events, such as team-building exercises, that

randomly assign CMs into groups so that they meet people from other areas

of the Resort could help CMs to build broader affiliations throughout

Disney. Ideally, these social events should involve management and

supervisory CMs to reduce the emotional distance between CMs at all

levels. A similar function could be performed by a Disney retreat to which

all WDW executives, supervisors, and CMs are invited and at which there

are activities that encourage cross-area socialization. This presents practical

difficulties and expenses, however, since Disney Parks are open 365 days a

year.

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7. Build a Monument to Cast Members’ Contributions

Many CMs see themselves as laboring for an anonymous corporate

entity that does not know or care about them. Disney could address this

sentiment at the symbolic level by building some type of road or structure

(not necessarily something in the Parks) with bricks or blocks that bear the

CMs’ names on them. The structure should be designed to accommodate

future CMs as they are hired and become part of the Disney family. Disney

employs a similar concept for guests at Epcot’s Leave a Legacy sculpture,

397

which allows guests to purchase tiles emblazoned with their name and

likeness and have them added to the monument for future generations to see.

Through Leave a Legacy, guests can feel that they are a part of Disney’s

history and that they have made their mark on WDW. Disney should offer

CMs a similar opportunity as a visual reminder that Disney is built on the

strength of its CMs. Being celebrated as part of Disney’s history could

make CMs feel more closely affiliated with Disney and more appreciated by

the Company as individually important persons, rather than as

interchangeable workers.

8. Sponsor Periodic Role Reversal Days

As a technique for building affiliation between the various levels of

CMs and for fostering appreciation at the upper levels for what the CMs do,

Disney might sponsor a role reversal day (or part of a day), in which

management and supervisors perform the duties of CMs and operate a Park,

while the CMs act as valued guests. Having the upper-level CMs walk in

the lower-level CMs’ shoes for a brief time would likely help the

supervisory CMs to understand and see the merit in the CMs’ grievances,

and would likely encourage the supervisory CMs to treat the lower-level

CMs with a new sense of respect. Practical difficulties of this suggestion are

evident, including whether the supervisory CMs would be sufficient in

number and training to operate a Park, and whether the role reversal could

occur before or after the Park’s opening hours and still leave sufficient time

for it to be prepared for guests the next day. These obstacles probably

render the role reversal suggestion impractical on the large scale, but

perhaps a comparable concept could be executed on a smaller scale, like a

special company breakfast cooked, served, and cleaned up by management

397. See Attractions, supra note 1.

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and enjoyed by the CMs. Seeing the Company make a concerted effort to

appreciate CMs may itself result in an increase of positive emotions.

VI. CONCLUSION: THE HPOE AND CORPORATE SUCCESS; DISNEY’S REPORT

CARD; LESSONS TO BORROW FROM DISNEY

A. The Significance to Disney’s Corporate Success of Creating Happiness

Disney’s Parks and Resorts reaped $11.797 billion in revenues in 2011

and the Company overall earned a net income of $4.807 billion.

398

To many,

this would seem a clear indication of the Company’s success: Such a

staggering dollar amount must be a reliable proxy for Disney’s capability to

negotiate successfully with guests and CMs, as Disney surely could not

attract visitors and retain employees otherwise. This view asserts that being

called the HPOE is an endearing phrase and useful in advertising, but is not

necessarily intrinsic to WDW’s corporate success—a concept better

captured by its stock price.

Such a purely numbers-based assessment of Disney’s corporate value

falls short of capturing the spirit of the Company’s founder and the essential

vision behind the Disney empire. Walt Disney perceived his flagship Resort

as something more than a profitable entertainment center: “Disneyland is not

just another amusement park. It’s unique, and I want it kept that way.

Besides, you don’t work for a dollar—you work to create and have fun.”

399

Walt Disney described the essence of his business as “making people,

especially children, happy.”

400

Thus, as Disney perceived it, success and the

creation of happiness are inextricably linked. If WDW cannot justifiably be

deemed the HPOE, then in Walt Disney’s eyes the Company is failing.

B. Disney’s Negotiation Report Card

Disney’s success in meeting its counterparties’ Core Concerns differs

markedly in its negotiations with guests and with CMs. To a great extent,

the Company treats guests like royalty, catering to their whims and solving

their problems. From a guest’s perspective, WDW may truly be the HPOE:

398. Annual Report, supra note 7, at 26, 29. This net income figure represents only net income

attributable to the Company, and excludes net income attributable to noncontrolling interest. Id. at

26.

399. Walt Disney Quotes, DISNEY DREAMER, http://www.disneydreamer.com/walt/quotes.htm

(last visited July 11, 2012).

400. Id.

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For the price of a ticket and some sacrifice in autonomy, he may reap the

rewards of a fantasy world constructed for his pleasure, in which he is freed

from daily responsibilities (or, in the case of children, afforded new

authority), perceived as a quasi celebrity, and tasked only with enjoying the

carefully designed entertainment and interacting with friendly CMs eager to

make him smile. While not every interpersonal encounter induces

happiness, the majority of them do. The guest is left feeling quite content

with his experience and reluctant to leave the magical world where he is

king.

Cast Members would have a much more difficult time affirming

WDW’s claim of being the HPOE. Some CMs feel that Disney treats them

as peons who exist to serve those of higher status and then mollifies them

with occasional rewards for their efforts. These CMs believe that the

Company strips them of their autonomy and in return pays them a pittance—

they feel isolated from their colleagues and unacknowledged by their

employer. The saving grace of their situation is the sense of magic they

perceive in their surroundings and in what they do, and in the fact that

Disney builds affiliation with many CMs early in their Disney careers

through the College Program.

As this indicates, Disney’s efforts to stimulate positive emotions are

much more effective in negotiations with guests than they are with CMs.

This is largely attributable to the different attitude Disney adopts towards the

two groups: Disney recognizes that guests have power over the Company in

their prerogative not to patronize the Disney brand, while it interacts with

CMs from a position of greater authority. Disney would be best served by

simply addressing guests’ Core Concerns in the areas in which it is weak,

but by broadly rethinking its approach to CMs and treating them as valuable

members of the Disney community. Even a company that recruits young

and temporary workers as masterfully as Disney does is built on the strength

of its employees. Addressing CMs’ Core Concerns as suggested above

would justify WDW’s claim to be the HPOE. As it currently stands, Disney

would be more accurate if it were to say WDW is the “happiest place on

Earth—but you wouldn’t want to live there.”

C. Implications for Other Companies

Few companies share Disney’s unique commitment to happiness, yet all

could benefit from two of its most important lessons. First, a company

should strive to understand that its existence depends equally upon its

customers and its employees, and it should value them accordingly. This is

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particularly true for a company that provides non-necessities, such as

Disney, but the concept is just as valid in any market economy in which

there is a choice of firms to patronize. In keeping with this lesson, a

company should seek negotiation training to learn how to become aware of

and to address customers’ and employees’ Core Concerns. The initial costs

of emotions training will be repaid with increased demand for the service or

product and a more productive, happier workforce; that is, learning how to

deal effectively with emotions eliminates some of the costs and externalities

associated with negative emotions.

Second, a company should have a vision of what it wants to become.

Like Walt Disney’s dream of creating entertainment that would make the

whole world happy, this conceptual commitment directs focus away from

black and white numbers and toward the company’s greater mission,

whether that mission be to make customers happy with their cable service or

to develop a cure for Alzheimer’s disease. Disney’s founder claimed, “I can

never stand still. I must explore and experiment. I am never satisfied with

my work. I resent the limitations of my own imagination.”

401

Expanding the

corporate vision beyond what was known in the past and what is done in the

present creates the opportunity to do as Walt Disney did: to dream about and

shape the future.

401. Id.

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APPENDIX A: DISNEY-SPEAK

402

Adventureland: A section of the Magic Kingdom with jungle- and

adventure-themed rides and attractions.

Attractions (attractions or Attractions): Rides and audio-animatronic

shows at the Parks; also a division of CMs who operate the attractions at the

Parks.

Audio-Animatronics: A registered trademark form of robotics created

by Walt Disney Imagineering for use in Disney attractions and shows.

Captain Jack Sparrow: A Disney character played by Johnny Depp in

Disney’s recent Pirates of the Caribbean films. A rogue pirate constantly

sought after and escaping from both British officials and his fellow pirates.

A relatively recent addition to the Magic Kingdom’s Pirates of the

Caribbean attraction, and star of “Captain Jack Sparrow’s Pirate Tutorial,” a

Magic Kingdom side show.

Cast Members (Cast Members or CMs): All Resort employees, from

costumed Characters to groundskeepers.

Characters (Characters): Cast Members costumed as Disney characters.

Cinderella Castle (the Castle): The central focus and most prominent

feature of the Magic Kingdom.

City Hall: A Guest Relations location designed to look like a city hall,

located on Main Street.

Disney College Program (the College Program): An internship

program through which college students can work as CMs while being paid

and sometimes receiving college credit.

Disney University: Disney’s training center, developed by Walt Disney,

participation at which is required of every CM. Disney University should be

considered a “process, not an institution.”

403

Disney’s Animal Kingdom Park (the Animal Kingdom): A WDW

Park with an adventure/safari theme, which features live animals from

Africa.

402. See generally DISNEY, supra note 1.

403. CAPODAGLI & JACKSON, supra note 32, at 132.

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Disney’s Contemporary Resort (the Contemporary): A WDW deluxe

resort hotel near, and with monorail service to, the Magic Kingdom.

Disney’s Hollywood Studios (Hollywood Studios): Walt Disney

World’s Hollywood-themed Park, part of WDW. Hollywood Studios was

previously named “Disney-MGM Studios.”

404

Disneyland Resort (Disneyland): Disney’s first Resort, located in

Anaheim, California. The only Resort that Walt Disney lived to see open to

the public.

Disneyland Resort Paris (Disneyland Paris): Disney’s fourth Resort,

located in Marne-la-Vallée, France. On October 1, 1994, the Park’s name

was officially changed from Euro Disneyland to Disneyland Paris.

405

March 2002, the Resort’s name was officially changed again to Disneyland

Resort Paris.

406

Entertainment (Entertainment): A division of CMs who act in shows

and parades in the Parks.

Epcot: A WDW Park divided into the future-themed Future World and

the culturally-focused World Showcase.

Extra Magic Hours (Extra Magic Hours): Periodic promotions for

hotel guests, during which a certain Park opens earlier or closes later for

hotel guests only.

Fantasyland: A section of the Magic Kingdom that has the most child-

friendly rides and a fairy tale theme. Fantasyland is currently being

expanded, with new rides and attractions scheduled to open through 2014.

407

FastPass (FastPass): A form of free attraction reservation system in

which guests use their Park ticket to obtain a pass to return to the attraction

in a specified hour range. Upon return, guests are permitted to use a special,

much shorter line designated for use only by the holders of FastPasses for

that specified return time.

Frontierland: A section of the Magic Kingdom with American West-

themed rides and attractions.

Future World: A section of Epcot featuring rides and attractions with

an innovation and technology theme.

Guest Communications (Guest Communications): Walt Disney

World’s guest communications department, to which guests can write or

email their comments, complaints, and suggestions.

404. See FACT BOOK 2005, supra note 56, at 62.

405. About Our Company: Our Story, DISNEYLAND PARIS,

http://corporate.disneylandparis.com/about-our-company/our-story/ (last visited July 10, 2012).

406. Id.

407. See Magic Kingdom Park: Overview, WALT DISNEY WORLD,

http://disneyworld.disney.go.com/parks/magic-kingdom/ (last visited July 13, 2012).

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Guest Relations (Guest Relations): Customer service centers

throughout the Resort, at which guests can obtain information, lodge

complaints, and make reservations.

Guest Service Fanatic (Guest Service Fanatic): Title awarded to a CM

who exhibits exceptional customer service.

Guests: Resort visitors and patrons.

408

Happiest Place on Earth (the Happiest Place on Earth or the HPOE):

The phrase Walt Disney initially used to describe Disneyland, now used by

the media when referring to any of the Resorts.

The Hollywood Brown Derby (the Derby): One of WDW’s

“Fine/Signature Dining” restaurants celebrating the “Golden Age of

Hollywood,” located at Hollywood Studios.

409

Imagineers (Imagineers): Employees of Walt Disney Imagineering, the

research and development arm of the Parks and Resorts.

Magic Kingdom: The focal point of WDW and the main area of

attractions, restaurants, and shops. The Magic Kingdom is divided into

several themed “Lands,” all of which surround the Castle.

Main Street, U.S.A. (Main Street): The main walkway in the Magic

Kingdom, lined with shops and restaurants. The only entrance to the Magic

Kingdom’s attractions.

On Stage (On Stage): In public view—anywhere a CM can be seen by a

guest.

410

Park (Park): Disney theme park, including the park grounds, rides,

restaurants, and attractions. Where the context suggests, CMs may be

considered part of the Park.

Resort (Resort): Disney resort property, consisting of (unless otherwise

indicated): Parks, hotels, all entertainment facilities, and the transportation

systems that connect them.

Traditions (Traditions): Disney training program undergone by all CMs

at Disney University that educates them about Disney culture and values and

instructs them in Disney’s customer service guidelines.

Transportation (Transportation): A department of CMs who operate

the Disney transportation system, which includes buses, monorails, trams,

and ferries.

408. This terminology derives from Walt Disney, who, at the opening of Disneyland,

established the motto, “At Disneyland, the visitors are our guests.” CAPODAGLI & JACKSON, supra

note 32, at 59 (internal quotations omitted).

409. See Restaurants, supra note 70.

410. THE PROJECT ON DISNEY, supra note 29, at 114 (internal quotations omitted).

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Transportation and Ticket Center: Walt Disney World’s main

transportation and ticket vending hub, adjacent and with tram service to the

Magic Kingdom parking area.

Walt Disney: Disney’s founder and the creative force behind the

Resorts.

The Walt Disney Company (Disney or the Company): The Anaheim,

California-based entertainment company founded by Walt Disney.

Walt Disney World Resort (Walt Disney World or WDW): Disney’s

second Resort, located in Lake Buena Vista, Florida.

World Showcase: A section of Epcot with pavilions containing shows,

attractions, and restaurants representing the culture and cuisine of eleven

countries.

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APPENDIX B: NEGOTIATION JARGON

Acquired Gestures: Actions or gestures with no particular known

origin or logic, except that they are widely used and understood by certain

groups of people. Examples include the “OK” sign and waving hello and

goodbye.

411

Affiliation: “One’s sense of connectedness with another person or

group . . . .”

412

Appreciation: (1) A “sense of valued recognition.” (2) The act of,

“understanding someone’s point of view; finding merit in [his] thinking,

feeling, or actions; and communicating that understanding.”

413

Autonomy: “The freedom to affect or make decisions without

imposition from others.”

414

Business Cultures: “‘[S]hared mental models that the members of an

organization hold and take for granted’ and that facilitate its success.”

415

Conventional Roles: “[C]ommonly accepted roles that people play

within an organization or community.”

416

Core Concern: “A human want of personal significance, usually arising

within a relationship.”

417

Deep Acting: Recalling past emotive memories to evoke the same

emotions in the present for the purpose of convincing the actor that he is

actually experiencing the emotion he wishes to portray to his audience.

418

Emotion: “An experience to matters of personal significance; typically

experienced in association with a distinct type of physical feeling, thought,

physiology, and action tendency.”

419

Emotional Labor: “The management of feeling to create a publicly

observable facial and bodily display . . . .”

420

411. AXTELL, supra note 118, at 5.

412. FISHER & SHAPIRO, supra note 22, at 211.

413. Id.

414. Id.

415. Anthony Wanis-St. John, Cultural Pathways in Negotiation and Conflict Management, in

THE HANDBOOK OF DISPUTE RESOLUTION 118, 119-20 (Michael L. Moffitt & Robert C. Bordone

eds., 2005) (internal citations omitted).

416. FISHER & SHAPIRO, supra note 22, at 118.

417. Id. at 210.

418. See HOCHSCHILD, supra note 112, at 41-42.

419. FISHER & SHAPIRO, supra note 22, at 209.

420. HOCHSCHILD, supra note 112, at 7 n.*.

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Feeling: A physical sensation or emotion-laden belief.

421

Happiness: A positive emotion generally understood to refer to a state

involving positive feelings or positive judgments about feelings.

422

Instinctive Gestures: Actions or gestures done almost unconsciously.

These have approximately the same meaning across cultures. Examples

include raising the eyebrows and wrinkling the forehead in greeting to

symbolize openness, and crossing the arms in front of the chest to symbolize

defensiveness.

423

Level One Happiness: A transient emotion akin to joy or pleasure,

stimulated by the attainment of a desired state and involving little cognition

beyond recognition that the desired state is attained.

424

Level Two Happiness: Upon reflection, a judgment that the balance of

life’s pleasures outweighs its pains over the long term. Akin to contentment

or satisfaction.

425

Meta-message: Meaningful, inexplicit message contained within

explicit statements.

426

Negative Emotion: Distressing emotions that typically result from

having a concern be unmet.

427

Negotiation: All back-and-forth communication designed to reach an

agreement where the parties have some shared and some opposing

interests.

428

More broadly, all interpersonal interactions.

Particular Status: A person’s relative standing within a narrowly

defined substantive field.

429

Pleasure of Uncertainty Hypothesis: Theory that people automatically

attempt to make sense of events to which they react emotionally, and if

successful, they adapt to them emotionally (i.e., have a less intense

emotional reaction to them), such that pleasure can be sustained longer by

uncertainty as to its cause.

430

Pleasures: Ephemeral delights with clear sensory and strong emotional

components, requiring little or no thinking.

431

421. FISHER & SHAPIRO, supra note 22, at 210.

422. NETTLE, supra note 16, at 29.

423. AXTELL, supra note 118, at 4 (internal citations omitted).

424. NETTLE, supra note 16, at 17.

425. Id.

426. See FISHER & SHAPIRO, supra note 22, at 29.

427. Id. at 210.

428. FISHER, URY & PATTON, supra note 21, at xvii.

429. FISHER & SHAPIRO, supra note 22, at 99.

430. See Wilson, Centerbar, Kermer & Gilbert, supra note 58, at 6.

431. SELIGMAN, supra note 17, at 102.

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Positive Emotions: “Uplifting emotions usually resulting from a

concern being satisfied.”

432

Present Happiness: A combination of gratifications (activities people

like doing that engage them fully, causing them to lose self-consciousness)

and pleasures.

433

Role: “A job label and corresponding set of activities expected of a

person in a specific situation.”

434

Social Status: Level to which someone is regarded as someone

important or famous.

435

Status: “One’s standing in comparison to the standing of others.”

436

Structural Connections: Roles that place people in a common group.

437

Surface Acting: Pretending in which the actor changes his outward

appearance to portray the desired emotion to the audience, but does not

actually experience the emotion that he portrays.

438

Temporary Roles: Roles that change based upon how the person acts in

the moment.

439

432. FISHER & SHAPIRO, supra note 22, at 209.

433. SELIGMAN, supra note 17, at 102.

434. FISHER & SHAPIRO, supra note 22, at 211 (emphasis in original).

435. Id. at 96.

436. Id. at 211.

437. Id. at 54.

438. See HOCHSCHILD, supra note 112, at 33, 35.

439. FISHER & SHAPIRO, supra note 22, at 128 (“In a negotiation, you have the freedom to play

such temporary roles as listener, arguer, or problem solver.”).

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APPENDIX C: HIGHLIGHTS OF THE DISNEY LOOK

All Cast Members

All CMs (with some modifications for Characters) must wear name tags

on their left shoulder area and a maximum of two approved pins on their

right shoulders; their shirts must be tucked in and their ties tied.

440

Sunglasses are prohibited except when not wearing them would impede safe

or effective work.

441

When worn, they must have neutral-colored (no blue,

green, pink, etc.) lenses and frames.

442

Body alterations, such as visible

tattoos, piercings (except “traditional” ear piercings for women only), tooth

fillings, or earlobe expansions are prohibited.

443

Antiperspirant or deodorant

must be used.

444

Female Cast Members:

Women must keep their hair “neatly combed and arranged in a classic,

easy-to-maintain style.”

445

Makeup must be neutral in color and

complementary to the skin tone. Earrings must be smaller than two

centimeters in diameter, heels must be between two and ten centimeters

high, and skirts must be eight centimeters above the knee.

446

Male Cast Members:

Men must be clean-shaved, except for a “neatly trimmed” mustache that

does not extend beyond or below the corners of the mouth. (Pictorial

examples are provided.)

440. The Disney Look, supra note 235.

441. Id.

442. Id.

443. Id.

444. Id.

445. Id.

446. Forman, supra note 102, at 251-52.

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Acceptable

Not Acceptable

Such mustache must be fully grown as of the CM’s hire date or during a

vacation or non-working period.

447

Hair must be “neat, natural, and

balanced proportionally,” but may not extend beyond or cover any part of

the ears or shirt collar.

448

Sideburns must be confined to extend no longer

than the bottom of the earlobe.

449

Fingernails must be trimmed not to extend

beyond the length of the fingertip.

450

447. The Disney Look, supra note 235.

448. Id.

449. Id.

450. Id.