Hello romullus,
Yes, you are right. Turning off "avoid collisions" resolves this issue. However, without this option turned on, working with Scatter becomes very messy—no matter how many items you set in the "max limit," collisions always seem to occur.
In most cases, it can not be like workaround or compromise, because you end up needing to delete and move a significant amount of elements to achieve the desired look. It simply kills the oportunity of being Scatter so parametric.
As demonstrated in various demo videos, the "edit instances" feature must solve "final touch" problem. It should allow for minor adjustments, with the capability to "remember" all the actions between 3ds Max sessions. Otherwise, its usability is very limited...
Best regards