How do Replication or Save Conflicts happen?

I have a database that does the following:

User opens a saved document.
Agent (using formula language) searches database's documents and selects the open document (among others)
Agent does not make any changes to the open document (or the others).  It only sends and email to a specific person, including in the email some of the fields from the document that were saved before the user opened it.
A Replication or Saved conflict document is created.  Why?  No changes were made to the original document.  

I'm not sure I want to change the Form Properties to merge conflicts or ignore conflicts, because there might be some legitimate times I would want this to happen.  

Is there a way to prevent the creation of the conflict when this agent runs?  Here is the code, which works fine except for the replication conflict when it selects a document that is open for editing.:

SELECT NextDate <= @Today  & Form != "1CreateNewReport" & Form != "HowToDo" & Form != "ReportInfo" & Form != "ReportInfo Other Units" & !@Contains(Sent; "Yes") & @Now > @Adjust(TimeDue;0;0;0;0;30;0)  & @Now <  @Adjust(TimeDue; 0;0;0;0;40;0);

FIELD TimeDueTxt := @Text(TimeDue;"S1T1");

@MailSend("Jane Doe server address"  ;"" ;"" ;"ATTN " + RptOwner + " (Backup: " + RptBackup + ") - Reminder for " + Title
; "This report is 30 minutes past its due time:" + @NewLine + @NewLine +Title+ @NewLine
; "TimeDueTxt"
; [IncludeDoclink]
)