; and (ii) other factors that may be submitted at the discretion of either party, which may include— (I) the level of training, education, experience, and quality and outcomes measurements of the out-of-network health care provider; (II) the circumstances and complexity of the particular dispute, including the time and place of the service; (III) the market share held by the out-of-network health care provider or that of the plan or issuer; (IV) demonstration of good faith efforts (or lack of good faith efforts) made by the out-of-network provider or the plan to contract and prior negotiated rates, if applicable; and (V) other relevant economic aspects of provider reimbursement for the same specialty within the same geographic area. (E) Effect of determination A final determination of an independent dispute resolution entity under subparagraph (B)— (i) shall be binding